Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

S.  M.  A.  No. 41  of  2014

Date	Order with signature of Judge

1. For orders on CMA No.1308/2015 (If granted) :

2. For hearing of Main Petition :

Mr. Ahmed Madni advocate a/w the petitioner.

Date of hearing  :  25.11.2015.

O R D E R

NADEEM AKHTAR, J. – The petitioner Aslam Mohsin Ali 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 Mrs. Ejaz Mutmain Ali widow of Mutmain Ali (‘the deceased’), who passed away at Karachi on 04.02.2014. It is stated that the deceased died intestate and is survived by only five (05) legal heirs ; namely, (1) son Naqi Zamin Ali, (2) daughter Mrs. Zohra Zaidi, (3) daughter Mrs. Sughra Hussain, (4) son Aslam Mohsin Ali (the petitioner) and (5) daughter Mrs. Anjum Allay, who are majors.

2.         In support of this petition, the petitioner has filed (a) photo stat copy of the death certificate of the deceased, the original whereof was produced before the Deputy Registrar concerned on 03.03.2014, and (b) copy of registered Lease in Form ‘B’ dated 08.07.1993 in favour of the deceased in respect of the immovable property ; namely, Plot No.1/I, Khayaban-e-Janbaz, Phase V, Defence Housing Authority, Karachi, measuring 739 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 debts or liabilities of the deceased that require settlement.

3.         All the other four legal heirs of the deceased have submitted their affidavits stating that they have 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.

4.         Notice of this petition was published in Urdu daily ‘Jang’, Karachi, on 07.03.2014, and was also affixed on the Court Notice Board. As per the report submitted by the Deputy Registrar (O.S.) on 13.11.2014, 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 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