Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

S.  M.  A.  No. 50  of  2015

Date	Order with signature of Judge

For hearing of Main Petition :

Mr. Abdul Khalique advocate a/w the petitioner and his two witnesses.

Date of hearing  :     27.05.2015.

O R D E R

NADEEM AKHTAR, J. – The petitioner Muhammad Yaqoob Mirza has filed this petition under Section 278 of the Succession Act, 1925, for the grant of Letters of Administration in respect of the immovable property left by his late mother Mst. Tahira Bibi widow of Mirza Ata Muhammad (‘the deceased’), who passed away at Karachi on 20.03.1987. It is stated in the petition that the husband of the deceased passed away during her lifetime. It is further stated that the deceased died intestate and is survived by only two (02) legal heirs ; namely, son Muhammad Yaqoob Mirza (the petitioner) and daughter Salma Begum, who are majors.

2.         In support of this petition, the petitioner has filed (a) original death certificate of the deceased, (b) original family registration certificate issued by NADRA on 10.02.2015 showing names of both the above named legal heirs as family members of the deceased, and (c) copy of registered Deed of Assignment dated 06.03.1985 in favour of the deceased in respect of the immovable property ; namely, Plot No.14/I, 20^th Street, Phase V, Defence Housing Authority, Karachi, measuring 504 sq. yds., with a bungalow constructed thereon, fully described in the Schedule attached to the petition. As per Schedule ‘B’ to the petition, there are no liabilities of the deceased that require settlement.

3.         Mst. Salma Begum, the sister of the petitioner and daughter / legal heir of the deceased, has submitted her affidavit stating that she has no objection if Letters of Administration 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 ‘Express’ on 04.04.2015, and was also affixed on the Court Notice Board. As per the report submitted by the Deputy Registrar (O.S.) on 30.04.2015, 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 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