ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
SMA No.266 of 2018 __________________________________________________________
Order with signature of Judge(s)
· For hearing of main petition
[DR (OS) Diary dated 06.09.2018]
24.09.2018
Mr. Siraj Ahmed Mangi, Advocate alongwith petitioner, legal heirs Mst. Safia Bano, Ms. Wafa Asif, Fawad Asif and Miss Safa Asif and witnesses Safdar Ahmed and Seengar Ali.
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Petitioner Mst. Rubina Yasmin has applied for grant of Letter of Administration and Success Certificate in respect of estate (described in the Schedule of properties) of her husband late Muhammad Asif, who is shown to have died intestate on 31.08.2017 through the original death certificate attached at Page 9. Petitioner states that the deceased left behind seven legal heirs named in paragraph 3 of the petition as her surviving legal heirs. In support of the instant SMA, photocopy of the FRC is attached at Page-13.A which reflects that those listed in paragraph 3 of the petition are the only surviving legal heirs of the deceased. Photocopies of documents pertaining to the following properties forming part of the Schedule are also provided between pages 21 to 51:-
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1. |
Flat No.511-A, Sector 6-A, Meheran Town, Karachi. |
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2. |
Plot No.B-98, Sector 6-F, Meheran Town, Karachi. |
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3. |
Shop No.F-89, 1st. Floor, Dolmen Mall, Block-3, Dalhi Cooperative Housing Society, Karachi. |
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4. |
Toyota Corolla bearing registration No.BCD-504, Saloon, Model 2014, Engine No.Z-101804, Chassis No.NZE70R-4002662 on Bank leasing. |
In this connection, Office Note of the Deputy Registrar (O.S) dated 06.09.2018, which provides as under is worth reproducing:-
“As per contents of petition, the above named deceased expired on 31.08.2017 at Karachi. Original death certificate and family registration certificate are attached in the case file at page No.9-13/A. The deceased above named left behind the following legal heirs as per petition:-
|
1 |
Mst. Safia Bano |
Mother |
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2 |
Mst. Rubina Yasmin |
Widow (Petitioner) |
|
3 |
Ms. Wafa Asif |
Daughter |
|
4 |
Fawad Asif |
Son |
|
5 |
Safa Asif |
Daughter |
|
6 |
Mohammad Saad |
Son |
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7 |
Usman Ghani |
Son (Minor) |
Legal heir No.2 is the petitioner and widow of the deceased. All the legal heirs have sworn affidavit of No objection in favour of the petitioner (Page No.53-61) except legal heir No.7 who is a minor.
Counsel for petitioner has filed an application U/O 32 Rule 3 CPC for appointment of petitioner as Guardian-ad-Litem of legal heir Nos.7 as she is her real mother. None has raised any objection against this application, therefore, the application is accordingly granted and petitioner is appointed as Guardian-ad-Litem of her minor namely: Usman Ghani son of Muhammad Asif. Application U/O 32 Rule 3 CPC is disposed of in above terms.
Affidavits of two witnesses, namely, (1) Safdar Ahmed son of Jameel Ahmed and (2) Seengar Ali son of Jan Muhammad Markhand, are also on record. (Page No.63-65).
As per schedule of properties (Page No.15), the above named deceased has left three (03) immovable properties and a motor vehicle. Photocopies of title documents are attached in the case file (Page No.21-51) while Originals of have been seen and returned by the office.
Mr. Siraj A. Mangi learned Counsel for the petitioner is present along with petitioner and legal heirs except legal heir No.6 who is exempted by the Hon’ble Court vide order dated 28.8.2018.
Publication of main petition has been effected in daily Jang, Karachi dated: 16.08.2018 but none has filed any objection from any corner. Copy of publication is available on the record.”
Petitioner herself has filed his affidavit to the effect that the deceased had no other legal heir except those stated in paragraph 3. The legal heirs Mst. Safia Bano, Ms. Wafa Asif, Fawad Asif and Miss Safa Asif are present in the Court and have re-affirmed contents of their Affidavits of No objection as well as that of the petition. However, attendance of legal heir No.6 namely Muhammad Saad has already been dispensed with vide order of this Court dated 28.08.2018, while legal heir Usman Ghani is being represented by her mother who has been appointed as his Guardian ad-Litem on an application filed under order 32 Rule 3 CPC.
Two witnesses namely (1) Safdar Ahmed son of Jameel Ahmed and (2) Seengar Ali son of Jan Muhammad Markhand, 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 16.08.2018 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 and Success Certificate be issued in respect of the properties left by the deceased, as mentioned in the Schedule of Properties available at Page No.15 of the petition upon proper verification, identification and the petitioner having deposited nothing but the original title documents of the Scheduled Properties and upon executing a personal bond with one surety equal to the value of the assets, provided however that minor’s share shall be deposited with the Nazir of this Court and the same be invested by him in Government’s special savings certificates.
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