Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

S. M. A. No. 67 of 2015

Date	Order with signature of Judge

For hearing of main petition :

Petitioner            :      Mst. Adila Ishrat through Mr. Ali Azam Advocate.

Date of hearing  :     29.05.2015.

O R D E R

NADEEM AKHTAR, J. – The petitioner Mst. Adila Ishrat 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 immovable and movable properties left by her late husband Mr. Abdullah Zubair (‘the deceased’), who passed away at Karachi on 10.09.2014. It is stated in the petition that during the lifetime of the deceased, his parents had passed away. It is further stated that the deceased died intestate and is survived only by the following four (04) legal heirs :

(i)  Mst. Adila Ishrat                   widow             petitioner

(ii)  Mst. Quratul Ain Razi          daughter

(iii)  Mst. Javeria Zubair              daughter

(iv)  Mr. Zohair Ahsan                 son

2.         As per the details disclosed by the petitioner in paragraph 8 of the petition as well as in the Schedule of properties, three (03) immovable properties, certain amounts in three different bank accounts, and vehicle No. AYN-410 have been left by the deceased. As per Schedule ‘B’ 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 01.10.2014 of the deceased, (b) original family registration certificate issued by NADRA on 12.02.2015 showing names of all the family members of the deceased, (c) copies of the title documents of immovable properties belonging to the deceased, (d) copies of bank statements, and (e) copy of registration book of vehicle No. AYN-410 in the name of the deceased.

4.         The other three surviving legal heirs / children 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.

5.         Notice of this petition was published in Urdu daily ‘Express’ on 30.04.2015 and was also affixed on the Court Notice Board. As per the report submitted by the Deputy Registrar (O.S.) on 21.05.2015, 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.

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J U D G E