ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

S.M.A No. 103 of 2010.

Date                          Order with signature of Judge

For hearing of main application.

20-05-2010

Mr. Ghulam Murtaza advocate for the petitioner alongwith petitioner.

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            Through this S.M.A the petitioner Saidulla Khan Dehlavi has applied for grant of Succession Certificate / Letter of Administration in respect of properties, amounts, debts and securities left by deceased Mrs. Zarina Ali Asghar wife of Ali Asghar, who died on 07.12.1991 at Karachi.

            Upon a perusal of file it appears that at the time of death, deceased Mrs. Zarina Ali Asghar was issueless and she left behind Petitioner Saidulla Khan Dehlavi (son of brother) and Jamil Ahmed Khan Dehlavi (son of brother) as her surviving legal heirs. All the said legal heirs of the deceased are major and Jamil Ahmed Khan Dehlavi has filed his respective Affidavit of No Objection to the grant of Succession Certificate / Letter of Administration in favour of the Petitioner.

            Today Ali Muhammad Khan attorney of legal heir Jamil Ahmed Khan Dehlavi alongwith the petitioner is present in Court who categorically stated that he has no objection if Succession Certificate / Letter of Administration is granted in favour of the petitioner. Two witness namely Tahseen Fayyaz Mirza and Mueen Ahsanuddin alongwith their original CNICs are also present in Court, they stated that at the time of death, deceased Mrs. Zarina Ali Asghar has left behind the above mentioned legal heirs as stated in para No.2 of the petition and they also identified the petitioner and attorney of Jamil Ahmed Khan Dehlavi.

            Since all the formalities including the publication in Daily “Jang” Karachi in its issue of 30.04.2010 have been fulfilled but none has come forward to raise any objection, therefore this Application is allowed and the Nazir of this Court is directed to issue Succession Certificate / Letter of Administration to the Petitioner in respect of the properties, amounts, debts and securities left by deceased Mrs. Zarina Ali Asghar wife of Ali Asghar (late) in accordance with the rules.

            The S.M.A. stands disposed off.

                                                                                                                 JUDGE

Abdul Salam/P.A