ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
SMA No.324 of 2017 __________________________________________________________
Order with signature of Judge(s)
· For hearing of main petition
[DR (OS) Diary dated 10.05.2018]
07.09.2018
Mr. Kashan Ahmed Memon, Advocate alongwith petitioner
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Petitioner Fawaz Khalil Allawala has applied for grant of Letter of Administration in respect of estate (described in the Schedule of Immovable properties) of his mother late Mst. Naeema Khalil Allawala, who is shown to have died intestate on 06.04.2017 through the original death certificate attached at Page 17. Petitioner states that the deceased left behind four legal heirs named in paragraph 4 of the petition as her surviving legal heirs. In support of the instant SMA, photocopy of the FRC is attached at Page-23 which reflects that those listed in paragraph 4 of the petition are the only surviving legal heirs of the deceased. Photocopies of documents pertaining to the following immovable properties forming part of the Schedule are also provided between pages 33 to 67:-
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1. |
Plot No.9, measuring 996. Sq. yards, Beach Street No.16, Phase-VIII, DHA, Karachi. |
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2. |
Plot No.8-E, measuring 500 sq. yards Sahil Street No.4, Phase-VIII, E-8 DHA, Karachi. |
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3. |
Plot No.23-E, measuring 500 sq. yards Sahil Street No.26, Phase-VIII, E-8 DHA, Karachi. |
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4. |
Plot No.4-E, measuring 300 sq. yards Sahil Street No.6, Phase-VIII, E-8 DHA, Karachi. |
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5. |
Plot No.43-7-J, measuring 1000 sq. yards Block-6, PECHS, Karachi. |
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6. |
Plot No.1651, 125 Sq. Yards Preceint 25-A (File No.bktp-mbr3411) |
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7. |
Plot No.1363, 125 Sq. Yards Preceint 23 loop road 2 (File No.gak0976) |
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8. |
Plot No.283, 250 Sq. Yards Preceint 32 road 01 (File No.bktp-gib0662) |
In this connection, Office Note of the Deputy Registrar (O.S) dated 10.05.2018, which provides as under is worth reproducing:-
“As per contents of petition, the deceased expired in Karachi on 06.04.2017. Original death certificate and family registration certificate are attached in the case file at page No.17-23. The deceased above named left behind the following legal heirs:-
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1 |
Farhan Khalil Allawala |
Son |
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2 |
Fawaz Khalil Allawala |
Son (petitioner) |
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3 |
Ahmed Khalil Allawala |
Son |
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4 |
Mrs. Sabahat Adeel |
Daughter |
Legal heir No.2 is the petitioner and son of the deceased. All the legal heirs have sworn affidavit of No objection in favour of the petitioner (Page No.69-83).
Affidavits of two witnesses, namely, (1) Muhammad Nadeem Shah son of Shah Muhammad , and (2) Ishtiaq Raza son of Ghulam Rasool, are also on record. (Page No.87-97).
As per schedule of properties (Page No.25), the above named deceased has left immovable properties. Photocopies of title documents of immovable properties are attached in the case file (Page No.33-67) while Original documents of immovable properties mentioned at Sr. No.1, 2, 3, 4 and 5 have been seen and returned by the undersigned while Hon’ble Court vide order dated 14.03.2018 accepted the available documents of properties mentioned at Sr. No.6, 7 and 8.
Mr. Kashan Ahmed Memon learned Counsel for the petitioner is present along with petitioner and legal heirs.
Publication of main petition has been effected in daily Jang, Karachi dated: 19.04.2018 but none has filed any objection from any corner. Copy of publication is available on the record.”
Petitioner himself has filed his affidavit to the effect that the deceased had no other legal heir except those stated in paragraph 4. The legal heirs Farhan Khalil Allawala, Ahmed Khalil Allawala and Mrs. Sabahat Adeel are present in the Court and have re-affirmed contents of their Affidavits of No objection as well as that of the petition.
Two witnesses namely (1) Muhammad Nadeem Shah son of Shah Muhammad and (2) Ishtiaq Raza son of Ghulam Rasool, who have filed their duly sworn affidavits to the effect that the deceased had left behind only the above mentioned legal heirs, have also appeared before this Court and re-affirmed contents of their affidavits.
The publication in the present matter has been made in daily “Jang”, Karachi dated 19.04.2018 inviting the objections, but none has come forward to contest this S.M.A.
Since the petitioner is legal heir of the deceased and despite publication in a widely circulated newspaper, nobody has appeared to raise any objection, the petition is allowed. Let the Letter of Administration be issued in respect of the immovable properties left by the deceased, as mentioned in the Schedule of Immovable Properties available at Page No.25 of the petition upon proper verification, identification and the petitioner having deposited nothing but the original title documents of the Scheduled properties.
Be that as it may, custodians of the record of rights are required to act strictly in accordance with law. In case title of the Scheduled properties is under clouds in any manner or under adjudication before any Court of law or before any other forum, relevant fora shall not be influenced by this order of the Court.
JUDGE