Order Sheet
IN THE HIGH COURT OF SINDH KARACHI
S. M. A. No. 45 of 2016
|
Date |
Order with signature of Judge |
Before :
Justice Nadeem Akhtar
1. For orders on CMA No.529/2016 (If granted) :
2. For orders on CMA No.388/2016 (U/S 151 CPC) :
3. For hearing of main petition :
Petitioner : Air Vice Martial (Retd.) Sohail Ahmed Malik,
through Mr. Muhammad Asif Malik Advocate.
Date of hearing : 18.04.2016.
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1. Urgency granted.
2 & 3. The petitioner Air Vice Martial (Retd.) Sohail Ahmed Malik has filed this petition under Sections 278 and 372 of the Succession Act, 1925, for the grant of Letters of Administration and Succession Certificate in respect of the movable and immovable properties left by his late father Mr. Ziauddin Malik (‘the deceased’), who passed away at Karachi on 18.12.2005. It is stated that the deceased died intestate and is survived by only the following two (02) legal heirs :
(i) Air Vice Martial (Retd.) Sohail Ahmed Malik (petitioner) son
(ii) Mrs. Samia Malik W/O Amir Ejaz Malik daughter
As per the details disclosed by the petitioner in Schedule ‘B’ (page 27) to the petition, the deceased has left an immovable property ; namely, Plot No.274/16, Survey Sheet 35-P/1, measuring 183 sq. yds., Block III, Bahadur Yar Jang Cooperative Housing Society Ltd., Karachi, with a bungalow constructed thereon ; and certain movable properties including various amounts in four different bank accounts, amounts invested in mutual funds, capital funds and growth funds, and shares in various limited companies, all relevant details whereof have been fully disclosed in the said Schedule. As per the Undertaking dated 13.02.2016 (page 35) filed by the petitioner, there are no liabilities of the deceased that require settlement.
In support of this petition, the petitioner has filed (a) original death certificate of the deceased issued on 09.03.2006 by Union Council Civic Centre (UC-2), (b) his original death registration certificate dated 15.06.2015 issued by NADRA, (c) copy of registered conveyance deed dated 01.12.1975 in favour of the deceased in respect of the aforementioned immovable property, (d) copy of registered Sub-License No.2 in Form ‘A’ dated 27.01.1955 in respect of the said property, (e) copy of registered lease deed in Form ‘B’ dated 15.09.1960 in respect of the said property, and (f) copies of letters, certificates and statements issued by the Banks, Funds and Companies in respect of the movable properties left by the deceased.
Mrs. Saima Malik, the other surviving legal heir / daughter of the deceased, who is present in Court, has submitted her affidavit stating that she has no objection if Letters of Administration and Succession Certificate are granted in the name of the petitioner. She reiterates the contents of her said affidavit. The petition is also supported by the affidavits of two witnesses, who are present in Court along with the petitioner. They also reiterate the contents of their affidavits.
Notice of this petition was published in Urdu daily ‘Express’ on 19.02.2016 and was also affixed on the Court Notice Board. As per the report submitted by the Deputy Registrar (O.S.) on 17.03.2016, no objection whatsoever has been received from any quarter. As all the formalities have been completed as per rules, there appears to be no impediment in the grant of Letters of Administration and Succession Certificate in the name of the petitioner. Accordingly, the instant petition and is allowed. Let Letters of Administration and Succession Certificate be issued in the name of the petitioner as per rules for distribution of the immovable and movable properties left by the deceased according to Shariah.
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J U D G E