ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

SMA No.63 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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20.08.2015

Mr. Muhammad Yakub Kapadia, advocate for Petitioner

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This is a petition filed by petitioner Irum Hasan Khan daughter of Birjis Hasan Khan for grant of Succession Certificate/Letter of Administration under section 278 and 372 of the Succession Act, 1925. It is mentioned in the petition that deceased Kausar Hasan Khan and Birjis Hasan Khan expired on 08.07.2008 and 10.11.2014, respectively, at Karachi. Original death certificates and family registration certificates have been attached in the case file (Pages 11 to 15). Further it is stated that deceased above named left behind the following legal heirs:

(i) Aminey Ansari Son

(ii) Irum Hasan Khan Daughter

(iii) Alia Hasan Khan Daughter

Legal heirs No.2 Irum Hasan Khan is the petitioner in the petition and daughter of deceased. Legal heir No.1 has filed his affidavit of no objection, duly attested by High Commission of Pakistan, London in favour of the petitioner. However, legal heir No.3 has filed her affidavit of no objection in favour of petitioner, duly attested by Embassy of Pakistan, Washington (Pages 37 to 39). Petitioner has also filed affidavit of two witnesses, namely, Mahir Muzaffar son of Saleem Muzaffar and Raja Sabri Khan son of Raja Allah Dad Khan, which are on record (at Pages 41 to 49). The schedule of property has been given at Page-17. Above named deceased have left one immoveable property and Pension Book Payment. Photocopies of the properties/documents are available at Pages 23 to 35. Publication of petition has been effected in daily Express, Karachi and Islamabad dated 25.04.2015 but none has filed any objection from any corner. Copies of newspapers are available on record. Vide order dated 06.08.2015 petitioner was directed to place on record ‘No Marriage Certificate’. Petitioner has filed affidavit in which it is mentioned that she is unmarried. She has sworn such affidavit.

In the above stated circumstances, I would grant Letter of Administration in favour of petitioner to get the property mentioned above mutated in the name of all legal heirs of deceased according to their respective entitlements/shares under the Muslim Law. It is further ordered that title documents of the property bearing Plot No.4A/IIA, measuring 498 Sq. Yds., 4^th East Street, Phase-I, DHA, Karachi be retained as security. It is further ordered that office is directed to issue Succession Certificate in favour of petitioner, enabling her to collect the Pension Payment Order, as per rules, upon execution of P.R. equivalent to the amount mentioned in the Schedule of Property, as detailed in Schedule of Property.

S.M.A. is allowed in above terms.

JUDGE

Gulsher/PA