Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

S. M. A. No. 174 of 2014

Date	Order with signature of Judge

For hearing of main petition :

Petitioner            :      Mst. Badarunnisa Begum through

                                    Aga Zafar Ahmed Advocate.

Date of hearing  :     27.05.2015.

O R D E R

NADEEM AKHTAR, J. – The petitioner Mst. Badarunnisa Begum 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 brother Mr. Iftikhar Ali Isani (‘the deceased’), who passed away at Karachi on 29.12.2011. It is stated in the petition that during the lifetime of the deceased, his mother and father had passed away, and he was unmarried and issueless. It is further stated that the deceased died intestate and is survived by the following eight (08) legal heirs :

(i)              Mr. Usman Ali Isani                         brother

(ii)              Mst. Kashmir Isani                           sister

(iii)              Mst. Badarunnisa Memon              sister               petitioner

(iv)              Mst. Meherunnissa Khan               sister

(v)              Mst. Zeenat Isani                             sister

(vi)              Mst. Mujeebunnisa Memon           sister

(vii)             Mr. Muzaffar Ali Isani                      brother          

(viii) Mst. Saeeda Behbehani                 sister

2.         As per the details disclosed by the petitioner in Schedule ‘X’ (page 09) to the petition, the deceased has left certain immovable properties which have been fully described in the said Schedule, money in one locker and five bank accounts, and two vehicles bearing Nos. AHQ-415 and ATM-281. As per schedule / statement filed today, there are no liabilities of the deceased that require settlement. In support of this petition, the petitioner has filed (a) original death certificate dated 31.01.2012 of the deceased, (b) copies of the title and other documents in respect of immovable properties belonging to the deceased, (c) certificates and statements issued by the banks, and (d) copies of registration books of the above mentioned two vehicles in the name of the deceased.

3.         The other surviving legal heirs / sisters and brothers of the deceased have submitted their affidavits stating that they have no objection if Letters of Administration and Succession Certificate are issued in the name of the petitioner. The petition is also supported by the affidavits of two witnesses, who are present in Court along with the petitioner.

4.         Notice of this petition was published in Urdu daily ‘Jang’ on 29.11.2014, in English daily ‘The News’ on 26.11.2014 and in Sindhi daily ‘Kawish’ on 26.11.2014, and was also affixed on the Court Notice Board. As per the report submitted by the Deputy Registrar (O.S.) on 18.12.2014, 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 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