ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
S.M.A. No.205 of 2018
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Date |
Order with signature of Judge |
· For hearing of main petition
[DR (OS) Diary dated 30.08.2018 Flag ‘A’)
(Notice issued for 08.10.2018)
Dated: 08.10.2018
Mr. Haris Rashid Khan, Advocate alongwith petitioner, legal heirs Abdul Ahad, Afshan Mazhar, Fauzia Tariq, Abdul Rehman, Parveen Khurram, Kulsoom Naveed and Abdul Rahim and witnesses Naveed Ahmed and Khurram Ali Zaidi.
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Petitioner Abdul Ahad has applied for the grant of Letter of Administration in respect of estate (described in the Schedule of Immovable properties) of his wife late Mst. Rashida Ahad, who is shown to have died intestate on 20.07.2015 through the original death certificate attached at Page 17. Petitioner states that the deceased left behind seven 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-15-17 which reflects that those listed in paragraph 4 of the petition are the 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 27 to 59:-
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1. |
House No.A-41, Block-4, Gulistan-e-Jauhar, Karachi. |
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2. |
Shop No.G-01, Ground Floor, in building known as “Jinnah Plaza” 0.1061 undivided share of Sub-Plot No.85/1 of Plot Survey No.85/1, N.1 Lines, M.A. Jinnah Road, Karachi. |
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 above named deceased expired on 20.07.2015 at 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 |
Abdul Ahad |
Husband (petitioner) |
|
2 |
Afshan Mazhar |
Daughter |
|
3 |
Fauzia Tariq |
Daughter |
|
4 |
Abdul Rehman |
Son |
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5. |
Parveen Khurram |
Daughter |
|
6. |
Kulsoom Naveed |
Daughter |
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7. |
Abdul Rahim |
Son |
Legal heir No.01 is the petitioner and Husband of the deceased. All the legal heirs have sworn affidavit of No objection in favour of the petitioner (Page No.105-127).
Affidavits of two witnesses, namely, (1) Naveed Ahmed son of Maqbool Ahmed and (2) Khurram Ali Zaidi son of Nazim Ali Zaidi, are also on record. (Page No.129-137).
As per schedule of properties (Page No.23), the above named deceased has left Two (02) immovable properties. Photocopies of property documents of immovable properties are attached in the case file (Page No.83-89) while Original documents of immovable properties have been seen and returned by the office.
Syed Tanveer Hussain Zaidi Associate of 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: 09.07.2018 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. All the legal heirs 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) Naveed Ahmed son of Maqbool Ahmed and (2) Khurram Ali Zaidi son of Nazim Ali Zaidi, 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 30.08.2018 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 be issued in favour of the petitioner in respect of the immovable properties left by the deceased, as mentioned in the Schedule of Immovable Properties available at Page No.19 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.
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