Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

S.  M.  A.  No. 57  of  2015

Date	Order with signature of Judge

For hearing of Main Petition :

Petitioner            :      Zeeshan Saleem through

Mr. Sharfuddin Jamali advocate.

Date of hearing  :     28.05.2015.

O R D E R

NADEEM AKHTAR, J. – The petitioner Zeeshan Saleem has filed this petition under Section 278 of the Succession Act, 1925, for the grant of Letters of Administration in respect of two (02) immovable properties left by his late father Abdul Saleem S/O late Bundo Khan (‘the deceased’), who passed away at Karachi on 08.09.2013. It is stated in the petition that the deceased died intestate and is survived by the following eight (08) legal heirs who all are majors :

(i)  Mst. Kausar Bano                           widow            

(ii)  Mst. Shazia Saleem                       daughter

(iii)  Zeeshan Saleem                            son                 petitioner

(iv)  Mst. Huma Naz                                daughter

(v)  Rehan Saleem                                son    

(vi)  Mst. Hina Rehan                             daughter

(vii)  Mst. Hira Naz                                   daughter

(viii)  Ammad Saleem                               son

2.         In support of this petition, the petitioner has filed (a) original death certificate dated 23.10.2013 of the deceased, (b) original family registration certificate issued by NADRA on 14.02.2015 showing names of all the above named legal heirs as family members of the deceased, and (c) copies of title documents in favour of the deceased in respect of the two immovable properties fully described in the Schedule attached to the petition. As per statement / Schedule ‘B’ filed by the petitioner, there are no liabilities of the deceased that require settlement and his aforesaid properties are free from all sorts of encumbrances.

3.         Legal heirs mentioned at serial Nos.(ii) to (viii) above, who are present in Court, have submitted their affidavits stating that they have no objection if Letters of Administration are issued in the name of the petitioner. They reiterate the contents of their said affidavits. 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 ‘Jang’ on 20.04.2015, 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