SMA NO.124/2015
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Date Order with signature of
Judge
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For hearing of main petition.
26.04.2016
Mr. Azhar
Mehmood advocate alongwith petitioner Ali Ashraf Khan and Mst. Munawar Sultana.
……………
Office note reflects as
under:-
“As
per contents of the petition the above named deceased expired on 10.01.2015 at
Karachi. Original death certificate and family registration certificate are
attached in the case file (Page No.13-15). The deceased above named left behind following legal heir as per petition:-
1.
Ali
Ashraf Khan, brother
2.
Munawar
Sultana Kharkowa, son
Legal heir No.1 Ali Ashraf Khan, is the petitioner and
brother of he deceased. Legal heir No.2 has filed her special power of attorney
in favour of Shahid Karim, who has also filed his affidavit of no objection.
(Page No.89-99).
Affidavit of two witnesses namely 1) Amjad Rafi, and 2)
Mohiuddin Khan are also on record (Page No.103-105).
As per schedule of property (Page No.23-25) the above named
deceased has left two immovable properties, bank accounts, shares in different
companies, saving certificates and bank locker. Photocopies of properties
documents are attached in the case file (page NO.29-87), while original
properties documents have been seen and returned by the office.
Mr. Nazeer, (LDC) is present on behalf of counsel for the
petitioner, filed statement that the petitioner will appear in Court.
Publication of main petition has been effected in Daily
Express, Karachi and Lahore, dated 08.09.2015, but none has filed any objection
"from any corner. Copy of publication is available on the record.”
Today Mst Munawar Sultana
Kharkowa files statement with copy of fresh power of attorney in favour of
petitioner, she also files affidavit of no objection, taken on record.
As reflected from office
note, above exercise was undertaken by office, inspite of publication at large
none has come forward to raise any objection. Accordingly, instant SMA is
allowed. Office shall issue letter of administration as well as Succession
Certificate. Since the matter is non-contested therefore office shall accept
original property documents as surety with regard to letter of administration
and P.R. bond with regard to succession certificate.
Needless to mention that
letter of administration is for the purpose of transfer of properties of the
deceased in the name of legal heirs as per Shariah,
however in case of any cloud on the title, the custodian of record of rights
would be competent to act strictly within the limits prescribed by law. In case
parties seek execution of instant SMA by Nazir, they would be liable to deposit
Nazir fee of Rs.20,000/-.
J U D G E
Imran/PA