Order Sheet
IN THE HIGH COURT OF SINDH KARACHI
S. M. A. No. 164 of 2015
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Date |
Order with signature of Judge |
1. For orders on CMA No.792/2016 (Urgency) :
2. For hearing of main petition :
Petitioner : Mrs. Sayeeda Vellani through
Mr. Muhammad Abdur Rahman Advocate,
a/w Mrs. Abida Hashmat Ali (CNIC No.42000-0435593-6) and witnesses Mr. Hashmat Ali Kazi (CNIC No.42000-0474194-1) and Mr. Abdul Majeed Shalwani (CNIC No.42201-0584460-7).
Date of hearing : 23.05.2016.
O R D E R
NADEEM AKHTAR, J. – The petitioner Mrs. Sayeeda Vellani 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 her late mother Mrs. Rabiya Mahmud and late father Justice (Retd.) Dr. Ibrahim Mahmud, who passed away at Karachi on 28.11.2013 and 10.02.2014, respectively. It is stated by the petitioner that her deceased parents died intestate and are survived by the following legal heirs including three children of their daughter Mrs. Rasheeda Moeen, who passed away on 30.12.2009 during their lifetime :
i. Mrs. Sayeeda Vellani (petitioner) daughter
ii. Mrs. Abida Hashmat Ali daughter
iii. Mrs. Zahida Imtiaz Ahmed daughter
iv. Mr. Ismail Mahmud son
v. Mr. Umer Moeen grandson
vi. Mr. Faisal Moeen grandson
vii. Ms. Farheen Moeen granddaughter
2. As per the details disclosed by the petitioner in the Schedule to the petition, immovable property bearing Plot No.114/II, 14th Street, Khayaban-e- Rahat, Phase VI, DHA, Karachi, was owned by her late mother ; shares were owned jointly by her late parents in Habib Sugar Mills Limited, Dawood Lawrencepur Limited, Shell Pakistan Limited, Pakistan Petroleum Limited, Pakistan State Oil Company Limited, Engro Corporation Limited, Engro Fertilizers Limited and Sui Southern Gas Company Limited ; amounts in Pak Rupees are lying in her late parents’ joint Account No.18810194901 with Standard Chartered Bank (Pakistan) Limited, Clifton Branch, Karachi WTC, and Account No.0143402010008242 with MCB Bank Limited, Clifton Branch, 1434-Karachi ; and, amount in Pak Rupees is lying in her late father’s Account No.3000551163 with National Bank of Pakistan, Clifton Cantonment Board Branch (221), Karachi. As per the statement filed by the learned counsel for the petitioner, there are no liens, charges and or encumbrances on any of the aforementioned movable or immovable properties that require settlement.
3. In support of this petition, the petitioner has filed (i) original death certificates of her deceased parents, issued by NADRA, (ii) family registration certificate of the deceased and all their legal heirs, issued by NADRA, (iii) copy of the death certificate of the late daughter (Mrs. Rasheeda Moeen) of the deceased, issued by Cantonment Board Chaklala, (iv) family registration certificate of late Mrs. Rasheeda Moeen, issued by NADRA, (v) copy of registered Form ‘B’ Lease dated 10.08.2004 executed by PDOHA in favour of late mother of the petitioner,(vi) Account Balance Report as on 07.10.2015, issued on 08.10.2015 by Central Depository Company of Pakistan Ltd. (CDC) in respect of the shares jointly held by late parents of the petitioner in the companies listed in paragraph 2 above, (vii) separate statements of account issued by Standard Chartered Bank (Pakistan) Limited, MCB Bank Limited and National Bank of Pakistan in respect of the bank accounts mentioned in paragraph 2 above belonging to the late parents of the petitioner, and (viii) affidavits of two witnesses, who are present in Court.
4. The petitioner has also filed special powers of attorney from all the other legal heirs authorizing her to file this petition in respect of the assets left by her late parents. All the said legal heirs have also filed their separate affidavits stating therein that they have no objection in case this petition is allowed and Letters of Administration and Succession Certificate are granted in the name of the petitioner. In addition to the above, the petitioner has also filed deeds of relinquishment executed by Mrs. Zahida Imtiaz Ahmed (legal heir No.iii), Mr. Ismail Mahmud (legal heir No.iv) and the three grandchildren of the deceased, Mr. Umer Moeen, Mr. Faisal Moeen and Ms. Farheen Moeen (legal heirs v, vi and vii, respectively), whereby all of them have unconditionally relinquished their respective shares in the immovable property described above in favour of the petitioner. The question as to whether or not the above named grandchildren of the deceased, who are the children of the predeceased daughter of the deceased, are the legal heirs of the deceased and are entitled to inherit from the estate of the deceased, is neither relevant nor is being decided in this petition as their share, if any, in the estate of the deceased will devolve upon the petitioner in view the above deeds of relinquishment executed by them and other legal heirs.
5. Notice of this petition was published in Urdu daily ‘Express’ on 26.11.2015 and was also affixed on the Court notice board. As per the report dated 21.01.2016 submitted by the Deputy Registrar (O.S.) of this Court, no objection whatsoever has been received from any quarter. Since 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 is allowed along with the listed application. 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 Mrs. Rabiya Mahmud and Justice (Retd.) Dr. Ibrahim Mahmud according to Shariah and in terms of the deeds of relinquishment executed by the legal heirs mentioned in paragraph 4 above.
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J U D G E