ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
SMA No.271 of 2018 __________________________________________________________
Order with signature of Judge(s)
· For hearing of main petition
[DR (OS) Diary dated 30.08.2018]
24.09.2018
Ms. Shahnaz A. Razzaq for petitioner along with petitioner, legal heirs Mst. Faridah Sarfaraz Malik, Wardah Malik, Neha Malik and Sidrah Malik and witnesses Asad Khand and Sohail Ahmed.
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Petitioner Sarfaraz Ahmed Malik has applied for grant of Success Certificate in respect of the amont of investment in Al-Ahli Funds (described in the Schedule of movable properties) of his father late Sarfaraz Ahmed Malik, who is shown to have died intestate on 12.04.2013 through the original death certificate attached at Page 17. Petitioner states that the deceased left behind five legal heirs named in paragraph 2 of the petition as his surviving legal heirs. In support of the instant SMA, photocopy of the FRC is attached at Page-19 which reflects that those listed in paragraph 2 of the petition are the only surviving legal heirs of the deceased. Original copy of the statement of account of Al Ahli Gulf Fund in which the deceased has made the investment forming part of the Schedule is provided at page 27.
In this connection, Office Note of the Deputy Registrar (O.S) dated 30.08.2018, which provides as under is worth reproducing:-
“As per contents of petition, the deceased expired on 12.04.2013 Karachi. Original death certificate and family registration certificate are attached in the case file at page No.17-19. The deceased above named left behind the following legal heirs as per petition:-
|
1 |
Mst. Faridah Sarfaraz Malik |
Widow |
|
2 |
Wardah Malik |
Daughter |
|
3 |
Neha Malik |
Daughter |
|
4 |
Sidra Malik |
Daughter |
|
5 |
Faisal Sarfaraz Malik |
Son (Petitioner) |
Legal heir No.5 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.29-35).
Affidavits of two witnesses, namely, (1) Sohail Ahmed son of Muhammad Ahmed and (2) Asad Khan son of Zaid Ullah Khan, are also on record (Page No.37-39).
As per schedule of properties (Page No.15), the deceased has left investments in Al Ahli Gulf Fund in Kuwait. Original statement showing the investment of the deceased is attached in the case file (Page No.27).
Ms. Shahnaz A. Razzak 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: 22.08.2018 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 2. All legal heirs namely Mst. Faridah Sarfaraz Malik, Wardah Malik, Neha Malik and Sidrah Malik 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) Sohail Ahmed son of Muhammad Ahmed and (2) Asad Khan son of Zaid Ullah Khan, 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 22.08.2018 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 Success Certificate be issued in respect of the movable property left by the deceased i.e. the investment in Al-Ahli Gulf Fund in Kuwait, as mentioned in the Schedule of Immovable Properties available at Page No.27 of the petition, upon proper verification, identification and upon executing a personal bond with one surety equal to the value of the assets.
JUDGE