Legal Question in Banking Law in Pakistan

*** A Court has decided a petition Exparte and issued Succession Certificate for release of funds Rs.2(M)lying in a bank account of deceased to one of the legal heir/petitioner. Later on other legal heirs also filed petition in a Civil Court for grant of Succession Certificate. If by that time, Bank (by following court orders in the Succession Certificate) had release funds to the first petitioner/legal heir then who would be responsible for payment of due share according to Sharia to the rest of legal heirs of deceased. Is Bank is responsible in any way because after having obtained certified true copy of Court Order & Succession Certificate, funds were released to the first petitioner.


Asked on 6/05/13, 8:25 pm

3 Answers from Attorneys
Salman Khan International Lawyer

Succession certificate is issued to one legal heir according to his/her share by the court and bank is bound to release funds to that extent only.. However some people lie in the court and claim that they are sole legal heirs.. In that case bank is still liable to comply by the orders of court... In case of any fraud the person obtaining fake judgment is solely responsible and he/she can be penalized by the court of law.. Hope question is clear.. For more do ask at [email protected]

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Answered on 6/06/13, 11:37 am
Adnan Bashir A B Choudry Law Firm

in case of fraud one should seek restraining order from the that court, restraining the bank not to release the fund, meanwhile he should file a case to be declared as legal heir.

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Answered on 6/06/13, 7:29 pm
Adnan Bashir A B Choudry Law Firm

in case of fraud one should seek restrainnig order from the that court, restraining the bank not to release the fund, meanwhile he should file a case to be declared as legal heir.

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Answered on 6/06/13, 7:29 pm


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