ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

S.M.A. No.287 OF 2018

Date

Order with signature of Judge

· For hearing of main petition

[DR (OS) Diary dated 27.09.2018 Flag ‘A’]

Dated: 12.10.2018

Mr. Fazal Dad, Advocate alongwith petitioner Syed Ihtesham Zaidi and witnesses Tufail Ahmed and Hifz-ur-Rehman.

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Petitioner Syed Ihtesham Zaidi has applied for grant of Letter of Administration in respect of estate (described in the Schedule of Immovable properties) of his father late Syed Muhammad Hatim Zaidi, who is shown to have died intestate on 29.03.2016 through the original death certificate attached at Page 17. Petitioner states that the deceased left behind four 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-21 which reflects that those listed in paragraph 2 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 29 to 33:-

1.	Plot No.23-C, Tariq Comm. Street No.9, Phase-VII-Extension, measuring 100 square yards.
2.	Plot No.22, Category ‘A’, Block/Sector 6, measuring 266.66 Square Yards, situated in KDA Scheme No.36, Gulistan-e-Jauhar, Karachi.

In this connection, Office Note of the Deputy Registrar (O.S) dated 27.09.2018, which provides as under is worth reproducing:-

“As per contents of petition, the deceased expired on 29.03.2016 at Ontario. Original death certificate and family registration certificate are attached in the case file at page No.17-2. The deceased above named left behind the following legal heirs:-

1	Syed Ihtesham Zaidi	Son (Petitioner)
2	Munira Hyder	Daughter
3	Syed Muhammad Ahtram Zaidi	Son
4	Aliya Khalid Habib	Daughter

Legal heir No.1 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.35-51).

Affidavits of two witnesses, namely, (1) Tufail Ahmed son of Fazal Elahi and (2) Hifz-ur-Rehman son of Hafiz Aziz ur Rehman, are also on record. (Page No.53-63).

As per schedule of properties (Page No.23), the above named deceased has left two (02) immovable properties. Photocopies of title documents of immovable properties are attached in the case file (Page No.29-33) while documents have been seen and returned by the undersigned.

Mr. M.A. Javed learned Counsel for the petitioner is present. Legal heir Nos.2, 3 and 4 are exempted by the legal heir vide order dated 29.08.2018.

Publication of main petition has been effected in daily Jang, Karachi dated: 04.09.2018 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 of the petition. The petitioner is present while the legal heirs Munira Hyder, Syed Muhammad Ahtram Zaidi and Aliya Khalid Habib were present in the Court on 29.08.2018 and have re-affirmed contents of their Affidavits of No objection as well as that of the petition.

Two witnesses namely (1) Tufail Ahmed son of Fazal Elahi and (2) Hifz-ur-Rehman son of Hafiz Aziz ur Rehman, 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 04.09.2018 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.23 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