LAHORE (Muhammad Ashfaq) – The Lahore High Court has issued an important ruling in a succession certificate case, holding that the value of inherited property does not determine the appropriate forum for filing an appeal.
Justice Rahil Kamran Sheikh issued a seven-page written judgment, stating that appeals in succession certificate matters will be determined under the Succession Act 1925 and not on the basis of financial limits applicable to ordinary civil cases.
The court observed that general civil laws regarding monetary jurisdiction do not apply to succession certificate cases because the Succession Act is a special law that takes precedence over other general statutes.
Justice Rahil Kamran Sheikh ruled that the decision of a District Judge to return an appeal solely on the basis of financial jurisdiction was legally incorrect and amounted to a clear error of law.
The High Court set aside the appellate court’s order, accepted the review petition, and restored the succession certificate appeal. The court directed that the appeal be reinstated under its original number and decided on merit.
The judgment further stated that removing legal ambiguity regarding the forum for appeals in inheritance cases is necessary to provide clear guidance in future matters.