ORDER SHEET
SMA No. 13 of 2016.
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Date Order with signature of Judge
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For hearing of main petition.
Mr. Ghulam Abbas Soomro, Advocate for Plaintiff.
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Office note of Deputy Registrar (O.S) dated 10.03.2016 reflects as under:-
“As per contents of petition, the above named deceased expired on 06.04.2014 at Karachi. Original death certificate and family registration certificate are attached in the case file at page No.17-21. The deceased above named left behind the following legal heirs as per petition:-
1- Mst. Rehmat Khatoon Widow
2- Roohi Shaikh Widow
3- Filzah Panhwar Daughter
4- Huma Panhwar Daughter
5- Asif Panhwar Son
6- SAnober Sikdarnar Daughter.
Legal heir No.02, Roohi Shaikh is the petitioner and widow of the deceased. Legal heir No.01, 03, 04 and 06 have filed Affidavits of No Objection in favour of the petitioner while legal heir No. 03 and 04 have also filed their General Power of Attorney in favour of petitioner, duly attested by Consulate General of Pakistan, Toronto and Embassy of Pakistan, Washington (Page No.141-163).
Affidavits of two witnesses, namely, (1) Abdul Majeed Samejo; and 2) Tahir Mazhar are also on record (Page No165-171).
As per schedule of property (Page No.23), the above named deceased has left for immovable properties. Photocopies of properties documents are attached in the case file. (Page No.97-139), while original property documents have already been seen and returned by the undersigned.
Mr. Ghulam Abbas Soomro, learned Counsel for the petitioner is present alongwith petitioner, legal heir Nos. 01 and 06.
Publication of main petition has been effected in daily Jang, Karachi dated 20.02.2016 and daily Ibrat dated 21.02.2016 but none has filed any objection from any corner. Copy of publication is available on the record.
All the legal heirs are present except legal heirs No.3 and 4 who are abroad and have given Power of Attorney in favour of petitioner; petitioner seeks foti khata badal with regard to immovable properties as mentioned in the schedule attached with this petition. Family Tree Certificate is annexed. Accordingly, instant SMA is allowed. Let letter of administration and succession certificate be issued as per rules. All properties shall be transferred in the name of all legal heirs as mentioned in Family Tree Certificate. At this juncture, it is made clear that all legal heirs have no objection if being daughter Ms. Sanober Sikdandar receives her share, albeit she was adopted daughter but since she was grown up in their house as their child.
JUDGE
SAJID