Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

S.  M.  A.  No. 44  of  2015

Date	Order with signature of Judge

For hearing of Main Petition :

Petitioner            :      Asghar Jalil through

Mr. Sameer Ghazanfar advocate.

Date of hearing  :     27.05.2015.

O R D E R

NADEEM AKHTAR, J. – The petitioner Asghar Jalil has filed this petition under Section 278 of the Succession Act, 1925, for the grant of Letters of Administration in respect of an immovable property left by his late father        Mr. Abdul Jalil S/O late Mr. Abbas Ali (‘the deceased’), who passed away at Karachi on 12.03.1990. It is stated in the petition that the deceased died intestate and is survived by only two legal heirs / sons ; namely, Asghar Jalil (petitioner) and Anwar Jalil, who are majors.

2.         In support of this petition, the petitioner has filed (a) original death certificate of the deceased, (b) original death certificate of Mst. Fatima Jalil, the widow of the deceased and real mother of the petitioner and his brother,           (c) original family registration certificate issued by NADRA showing names of the legal heirs as family members of the deceased, and (d) copy of registered conveyance deed dated 07.05.1985 in favour of the deceased in respect of Flat No.10, Shamnaz Apartments, B-4, Bath Island, Karachi, fully described in Schedule ‘B’ attached to the petition. As per ______ filed by the petitioner, there are no liabilities of the deceased that require settlement.

3.        

It is stated in the petition that other legal heir of the deceased Anwar Jalil is permanently residing in United Kingdom and he has executed special power of attorney in favour of the petitioner, which is available on record. The petition is supported by the affidavits of two witnesses, who are also present in Court and reiterate the contents thereof.  

4.         Notice of this petition was published in Urdu daily ‘EXPRESS’ on 03.04.2015, and was also affixed on the Court Notice Board. As per the report submitted by the Deputy Registrar (O.S.) on 14.05.2015, 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 in the name of the petitioner. Accordingly, the instant petition is allowed. Let Letters of Administration be issued in the name of the petitioner as per rules.

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J U D G E