ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

 

S.M.A. No.261 of 2018

 

Date

Order with signature of Judge

 

·         For hearing of main petition

[DR (OS) Diary dated 30.08.18 Flag ‘A’]

 

Dated: 08.10.2018

 

Mr. Tariq Ali, Advocate alongwith petitioner, legal heirs Syed Adnan Raza and Ambreen Fatime and witnesses Muhammad Asif Mehdi Rizvi and Shakir Ali Khan.

 

-.-.-

 

Petitioner Azra Bano has applied for grant of Letter of Administration in respect of estate (described in the Schedule of Properties) of her mother husband late Syed Naseem Raza, who is shown to have died intestate on 22.04.2016 through the original death certificate attached at Page 9. Petitioner states that the deceased left behind four 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-11 which reflects that those listed in paragraph 3 of the petition are the surviving legal heirs of the deceased. Photocopies of documents pertaining to the only immovable property forming part of the Schedule are also provided between pages 21 to 35.

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 22.04.2016 at Karachi. Original death certificate and family registration certificate are attached in the case file at page No.09-11. The deceased above named left behind the following legal heirs as per petition:-

 

1

Mst. Azra Bano

Widow (Petitioner)

2

Syede Adnan Raza

Son

3

Ambreen Fatima

Daughter

4

Afsheen Fatima

Daughter

 

Legal heir No.012 is the petitioner and widow of the deceased. Legal heir Nos. 2 and 3 have sworn affidavit of No objection in favour of the petitioner, while legal heir No.4 has executed Special Power of Attorney in favour of petitioner duly attested by Notary Public Karachi. (Page No.37-51).

Affidavits of two witnesses, namely, (1) Shakir Ali Khan son of Sabir Ali Khan and (2) Muhammad Asif Mehdi Rizvi son of Qamar Mehdi, are also on record. (Page No.87-97).

          As per schedule of properties (Page No.15), the above named deceased has left One (01) immovable property. Photocopy of title documents of immovable property are attached in the case file at Page No.36-169) while originals have been seen and returned.

          Mr. Sohail Abbas learned Counsel for the petitioner is present along with legal heir No.2 and 3.

          Publication of main petition has been effected in daily Jang, Karachi dated: 09.08.2018 but none has filed any objection from any corner. Copy of publication is available on the record.”  

 

          Petitioner herself has filed her affidavit to the effect that the deceased had no other legal heirs except those stated in paragraph 3. Legal heirs Syed Adnan Raza and Ambreen Fatime are present in the Court and have re-affirmed contents of their Affidavits of No objection as well as that of the petition. Legal heir Afsheen Fatima has executed Special Power of Attorney in favour of the petitioner although she herself has filed her affidavit of no objection.

          Two witnesses namely (1) Shakir Ali Khan son of Sabir Ali Khan and (2) Muhammad Asif Mehdi Rizvi son of Qamar Mehdi, 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 09.08.2018 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 respect of the immovable property 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 Property 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