ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

S.M.A No. 42 of 2010.

Date                          Order with signature of Judge

For hearing of main application.

15-07-2010

Mr. Sardar M. Aijaz Khan advocate for the petitioner.

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                       Through this S.M.A the petitioner Muhammad Nadeem Ahmed has prayed for grant of Succession Certificate in respect of moveable properties mentioned in the annexed schedule left by deceased Haji Iftekhar Ahmed, who died on 30.04.1995 at Karachi.

                       Upon a perusal of para No.3 of the S.M.A, it appears that at the time of his death, deceased Haji Iftekhar Ah7med left behind the following persons as his surviving legal heirs:-

1.	Mst. Rifaqat Begum	Widow
2.	Muhammad Nadem Ahmed	Son
3.	Asif Ahmed	Son
4.	Waheed Ahmed	Son

Upon a perusal of file, it appears that notices were issued to all the legal heirs of the deceased through registered post A/D and T.C.S. and all the legal heirs have filed their respective Affidavits of No Objection to the grant of Succession Certificate in favour of the Petitioner.

Vide order dated: 31.05.2010, Mr. Shahjahan Private Secretary of this Court was appointed as Commissioner with directions to record the statement of Mst.Rifaqat Begum widow of deceased Haji Iftekhar Ahmed. In compliance of the above order, the statement of Mst. Rifaqat Begum was recorded by the Commissioner and same is placed on record.  

On 10.06.2010, all the three legal heirs appeared before this Court and one witness namely Masood Ahmed was present, who reiterated the contents of the affidavit. All the legal heirs have filed their affidavits stating that they have no objection if the Succession Certificate is issued in favour of the petitioner.

On 10.06.2010, the learned counsel for the petitioner was directed to produce the second witness and also intimate the balance in the account of Habib Metropolitan Bank as on the date of death of the deceased.  For this purpose matter was adjourned for today. In compliance of the order, the learned counsel for the petitioner has submitted the bank statement of the account of deceased, which is kept on record. Two witnesses Masood Ahmed and Muhammad Saleem are also present in Court alongwith their original CNICs.  They state that at the time of his death, deceased Haji Iftekhar Ahmed left behind the above mentioned legal heirs as stated in para No.3 of the petition. They also identified the legal heirs of the deceased.

                       It appears that all the formalities have been fulfilled and the legal heirs of the deceased have filed their Affidavits of No Objection and publication has been effected in Daily “Nawa-e-Waqt” Karachi in its issue of 20.02.2010 but none has come forward to raise any objection.

In view of above this Application is allowed. The Nazir of this Court is directed to issue Succession Certificate in favour of the Petitioner in respect of the properties left by deceased Haji Iftekhar Ahmed in accordance with the rules.

            The S.M.A. stands disposed off.

                                                                                                   JUDGE

Abdul Salam/P.A