Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

S. M. A. No. 31 of 2015

Date	Order with signature of Judge

For hearing of main petition :

Petitioner            :      Arif Shaffi through Mr. Muhammad Iqbal Advocate.

Date of hearing  :     20.05.2015.

O R D E R

NADEEM AKHTAR, J. – The petitioner Arif Shaffi 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 deceased Naila Shaffi, who passed away at Islamabad on 07.12.2013. It is stated in the petition that during the lifetime of the deceased, the father of the deceased Mr. Reyaz Shaffi and her unmarried brother Mr. Adil Shaffi passed away on 14.04.2010 and 14.12.1995, respectively. The deceased was unmarried, she died intestate and has left only the following three legal heirs :

(i) Mrs. Parveen Shaffi             Mother

(ii) Asif Shaffi                              Brother

(iii) Arif Shaffi (petitioner)          Brother

2.         In support of this petition, the petitioner has filed (a) original death certificate of the deceased, (b) copy of death registration certificate issued by Capital Development Authority, Islamabad, on 03.05.2010 in respect of the deceased’s father, (c) copy of certificate issued by the Union Council concerned regarding registration of death of the deceased’s brother Mr. Adil Shaffi,         (d) original family registration certificate issued by NADRA on 18.02.2015 showing names of all the family members, (e) copy of the registered lease in Form ‘B’ dated 15.02.1984 between PECHS and the deceased in respect of property No.43/2-K, and (f) copies of letters showing the deceased’s ownership of shares in companies. As per the details disclosed by the petitioner in Schedule ‘A’ to the petition, immovable property ; namely, House No.43/2-K, Block 6, Survey Sheet No.35/P/1, PECHS, Karachi, measuring 3,300 sq. yds. ; and 4,395 shares in Premier Insurance Company Limited and 2,500 shares in Pakistan PVC Limited, have been left by the deceased. As per Schedule ‘B’ to the petition, there are no liabilities of the deceased that require settlement.

3.         The other two surviving legal heirs 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 witnesses.

4.         Notice of this petition was published in Urdu daily ‘Express’ Islamabad on 16.03.2015 and Urdu daily ‘Ummat’ Karachi / Hyderabad / Peshawar on 15.03.2015. Notice was also affixed on the Court Notice Board. 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