ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
SMA No.175 of 2018 __________________________________________________________
Order with signature of Judge(s)
· For hearing of main petition
[DR (OS) Diary dated 06.09.2018]
26.09.2018
Mr. Adnan Ahmed Zafar, Advocate along with petitioner and legal heirs Muhammad Hashir and Faiqah and witnesses Anjum Hussain and Muhammad Mujahid.
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Petitioner Mst. Ghazala Izhar has applied for the grant of Letter of Administration and Succession Certificate in respect of estate (described in the Schedule of properties) of her husband late Muhammad Izhar, who is shown to have died intestate on 05.11.2016 through the original death certificate attached at Page 07. Petitioner states that the deceased left behind four legal heirs named in paragraph 3 of the petition as his surviving legal heirs. In support of the instant SMA, photocopy of the FRC is attached at Page-09 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 17 upto 69:-
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1. |
House No.B-289, Block-N, North Nazimabad, Karachi. |
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2. |
Plot No.A-401, Sector 25, Block-A, KDA Scheme No.33, Karachi. |
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3. |
Plot No.B-82, Sector No.13-VI, KDA Scheme No.41, Surjani Town, Karachi. |
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4. |
Plot No.B-9, Sector No.W-III, Gulshan-e-Maymar, Karachi. |
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5. |
Plot No.220, Sector No.B3, Takbeer Block, Street No.10, Bahria Town, Lahore. |
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6. |
Vehicle bearing registration No.ASR-513, Brand Suzuki, Type Cultus-Saloon. |
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7. |
Behbood Saving Certificate No.EA014136 worth Rs.200 thousand in National Savings Center. |
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8. |
Credit amount in Account No.11197900448503, Habib Bank Limited, Sakhi Hasan Darbar Branch, Karachi. |
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 05.11.2016 at Karachi. Original death certificate and family registration certificate are attached in the case file at page No.07-09. The deceased above named left behind the following legal heirs as per petition:-
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1 |
Mst. Ghazala Izhar |
Widow (petitioner) |
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2 |
Faizah |
Daughter |
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3 |
Muhammad Hashir |
Son |
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4 |
Faiqah |
Daughter |
Legal heir No.1 is the petitioner and husband of the deceased. Legal heirs No.3 and 4 have sworn affidavit of No objection in favour of the petitioner, while legal heir No.2 has executed General Power of Attorney in favour of petitioner duly attested by Notary Public New Jersey (Page No.71-85).
Affidavits of two witnesses, namely, (1) Anjum Hussain son of Muhammad Hassan and (2) Muhammad Mujahid son of Muhammad Shafi, are also on record. (Page No.87-89).
As per schedule of properties (Page No.11), the above named deceased has left immovable properties, motor vehicle, saving certificates and bank account. Photocopies of title documents of immovable properties, motor vehicle, saving certificates and bank statement are attached in the case file (Page No.15-71).
Mr. Augustia Lobo registered Court clerk of learned Counsel for the petitioner is present along with petitioner and legal heir No.4.
Publication of main petition has been effected in daily Jang, Karachi dated: 09.05.2018 but none has filed any objection from any corner. Copy of publication is available on the record.”
Petitioner himself has filed her affidavit to the effect that the deceased had no other legal heir except those stated in paragraph 3. The legal heirs Muhammad Hashir and Faiqah are present in the Court and have re-affirmed contents of their Affidavits of No objection as well as that of the petition while legal heir Faizah has executed a General Power of Attorney duly notarized by Notary Public, State of New Jersey, USA in favour of one of the legal heirs Muhammad Hashir.
Two witnesses namely (1) Anjum Hussain son of Muhammad Hassan and (2) Muhammad Mujahid son of Muhammad Shafi, 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 09.05.2018 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 Succession Certificate be issued in favour of the petitioner in respect of the properties left by the deceased, as mentioned in the Schedule of Properties available at Page No.11 of the petition upon proper verification, identification and the petitioner having deposited nothing but the original title documents of the Scheduled properties and upon the petitioner executing a personal bond with one surety equal to the value of the assets.
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