ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

S.M.A. No.57 OF 2018

Date

Order with signature of Judge

· For hearing of main petition

[DR (OS) Diary dated 19.04.2018]

Dated: 08.10.2018

Mr. Masood Ahmed Qazi, Advocate alongwith petitioner Mst. Zehra Bai and witnesses Safdar Abbas Morarwala and Gill Bert Gil.

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Petitioner Mst. Zehra Bai has applied for grant of Letter of Administration in respect of estate (described in the Schedule of Property) of her mother late Ruquiya Bai, who is shown to have died intestate on 21.02.2001 at Karachi through the original death certificate attached at Page 13. Petitioner states that she is the only legal heir the deceased left behind named in paragraph 4 of the petition as her surviving legal heir. In support of the instant SMA, no FRC of the applicant has been provided as the petitioner’s mother did not obtain CNIC however a copy of her NIC has been provided. In support of the claim that the petitioner is the only surviving legal heir of the deceased documents between pages 15B to 15F are attached. Photocopies of documents pertaining to the immovable property forming part of the Schedule are also provided between pages 23 to 37.

In this connection, Office Note of the Deputy Registrar (O.S) dated 19.04.2018, which provides as under is worth reproducing:-

“As per contents of petition, the above named deceased expired on 21.02.2001 at Karachi. Original death certificate and family registration certificate are attached in the case file at page No.13-15/A. The deceased above named left behind the following legal heir as per petition:-

Zehra Bai

Daughter

Legal heir No.1, Zehra Bai is the petitioner and only legal heir of decased.

Affidavits of two witnesses, namely, (1) Safdar Abbas Morarwala son of Abbas Morarwala (2) Gill Bert Gill son of Khurhi Gill, are also on record. (Page No.39-41).

As per schedule of property (Page No.17), the above named deceased has left 01 immovable property. Photocopies of properties documents are attached in the case file (Page No.23-37) while Original documents of immovable property have been seen and returned by the undersigned.

Mr. Masood Ahmed Qazi, learned Counsel for the petitioner is present and files statement, which states that petitioner will appear before the Hon’ble Court.

Publication of main petition has been effected in daily Jang, Karachi dated: 24.03.2018 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 except her, the deceased had no other legal heir as stated in paragraph 4. She is present in the Court and has re-affirmed contents of the petition and affidavit.

Two witnesses namely (1) Safdar Abbas Morarwala son of Abbas Morarwala (2) Gill Bert Gill son of Khurhi Gill, who have filed their duly sworn affidavits to the effect that the deceased had left behind only the petitioner as her legal heir, 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 24.03.2018 inviting the objections, but none has come forward to contest this S.M.A.

Since the petitioner is the 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 Property available at Page No.17 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 property 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.

At this stage counsel wishes to file application for depositing original title documents of the property as surety. He would be at liberty to file the same and at that juncture it would not be necessary to bring the petitioner who is bed ridden and present today only on a stretcher.

Judge