ORDER SHEET
IN THE HIGH COURT OF SINDH
AT KARACHI
SMA
No.46 of 2015
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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For hearing of main petition
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24.08.2015
Mr.
Zia-ul-Haq Makhdoom, advocate for petitioner
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This is a
petition filed by petitioner Saud Shafiq Piracha son
of Shafiq Ahmed Piracha for grant of Letter of Administration
under section 278 of the Succession Act, 1925, in respect of estate of deceased
Shafiq Ahmed Pircaha. It is mentioned in the petition
that deceased Shafiq Ahmed Piracha expired on 14.02.2014
at Karachi. Original death certificates and family registration certificates
have been filed, which are available at Pages 9 and 13. Further it is stated
that deceased above named left behind the following legal heirs:
(i)
Bushra
Pircacha Widow
(ii)
Saad
Shafiq Piracha Son
(iii)
Saud Shafiq Piracha Son
(iv)
Shahbaz
Shafiq Pircaha Son
(v)
Sanam
Shafiq Piracha Daughter
Legal heir No.3 Saud Shafiq Pircaha is
petitioner and son of the deceased. Remaining legal heirs, Bushra
Piracha, Saad Shafiq Piracha, Shahbaz Shafiq Piracha and Sanam Shafiq Pircaha appeared in Court on 13.08.2015 along with two
witnesses, namely, Naveed Ramzan
and Ghulam Mujtaba Khan, and recorded no objection and filed their affidavits
in favour of the petitioner, which are available at Pages 105, 117 and 121.
Power of attorney, executed by legal heir Sanam
Shafiq Piracha in favour of petitioner Saud Shafiq Piracha, duly attested by Embassy of Pakistan Riyadh is
available at Page-97. Affidavits of two witnesses, namely, Naveed
Ramzan son of Muhammad Ramzan
and Ghulam Mujtaba Khan son of Ghulam Murtaza Khan are
also available at Pages 135 and 139. Schedule of properties left behind by the
deceased is also available at Page-15, Annexure “B”. It is stated that deceased
has left seven immovable properties. Photocopies of property documents are also
available in the file at Pages 19 to 91. Original property documents of the
immovable properties have also been presented, which have been seen and
returned by learned Deputy Registrar (OS). Publication of petition has been
effected in daily Express Karachi, Lahore and Faisalabad dated 17.04.2015 and
18.04.2015 but none has filed any objection from any corner. Copies of
newspapers are available on record.
In above
stated circumstances, I would grant Letter of Administration in favour of petitioner
to get the properties mentioned in the Schedule of Properties available at
Page-15 mutated in the name of all the legal heirs of the deceased according to
their respective entitlements/shares in accordance with rules. It is further
ordered that title documents of the properties mentioned above be retained as
security.
S.M.A. is allowed in the above terms.
JUDGE
Gulsher/PA