Under Pakistani law, no right as an Executor can be established in any court of justice unless a court of competent jurisdiction in the provinces or capital of the Federation has granted probate of the will under which the right is claimed or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed. These rules apply only to wills made by Hindus, Buddhists, Sikhs or Jains and they are of classes specified in § 57, clauses (a) & (b) of Succession Act 1925, and not at all to the wills of Muslims. Where deceased was intestate and was Hindu, Muslim, Buddhist, Sikh or Jain or exempted person letters of administration may be granted to any person who, according to rules of distribution of estate applicable in case of such deceased, would be entitled to whole or part of such deceased’s estate, in discretion of court as to which of these persons, if there be more than one, they will grant these letters. Failing such person’s administration may be granted to creditor of deceased. Where deceased was not one of categories above-mentioned following are entitled to letters of administration in order of their entitlement: (1) Widow unless court sees fit reason to exclude her; (2) widow along with others entitled in absence of widow, in discretion of court; (3) if there is no widow, or she is excluded, than to those persons who would be beneficially entitled to estate according to rules of distribution of intestate’s estate but where mother is one of these persons she alone is entitled to administration; (4) widower has the same rights as those of a widow; (5) those who stand in equal degree of kindred to deceased are equally entitled to administration.
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