ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

SMA No.75 of 2015

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DATE                 ORDER WITH SIGNATURE(S) OF JUDGE(S) 

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For hearing of main petition.

 

18.08.2015

 

Mr. Mian Mushtaq Ahmed, advocate for Petitioner

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          This is a petition for grant of Letter of Administration and Succession Certificate in respect of immovable property and debts/securities left behind by deceased Saeed Ahmed Khan and Mrs. Rehana Saeed. The deceased are stated to have been survived by their following legal heirs:

 

(i)                Mr. Safi Saeed Khan                 Son

(ii)              Mrs. Saima Nazim                     Daughter

(iii)            Mrs. Sadia Siddiqui                    Daughter

 

2.       All the legal heirs are adults have filed their affidavits of no objection in case Letter of Administration and Succession Certificate are issued in favour of Petitioner in respect of immovable property, debts and securities left by deceased Saeed Ahmed Khan and       Mst. Rehana wife of Saeed Ahmed Khan. Affidavits of two witnesses, namely, Muhammad Shujah Qureshi son of Muhammad Mohiuddin Qureshi and Sumaira Tariq wife of Tariq Saba are on record. The petition has been duly published in daily Ummat, Karachi dated 19th May, 2015, but none filed objections.

 

3.       On 07.08.2015 Petitioner Ms. Sadia Siddiqui as well other legal heirs, namely, Ms. Saima Nazim and Safi Saeed Khan of deceased Saeed Ahmed Khan, namely, Safi Saeed Khan and Saima Nazim appeared before this Court. Ms. Saima Nazim and Safi Saeed Khan recorded no objection in case letter of administration and succession certificate are issued in respect of immovable property, debts and securities left by deceased Saeed Ahmed Khan and Mst. Rehana, wife of deceased Saeed Ahmed Khan as mentioned in Schedule “B” (available at Page-33 to 37) in the name of petitioner Mst. Sadia Siddiqui with power to collect the same with profit(s) accrued thereon.

 

3.       Mr. Mian Mushtaq Ahmed, advocate for the petitioner has submitted that all the legal heirs are adults and no objections have been received. In support of his contentions he has relied upon 1991 CLC 1150 [Karachi].

 

5.       According to the petitioner, the deceased left one immovable property i.e. Residential Bungalow No.34, 13th Street, measuring 900 Square Yards, Phase-V, DHA, Karachi as mentioned in Schedule of Property attached with the Petition at Page No.37.

 

6.       In the above stated circumstances, I would grant Letter of Administration, enabling the Petitioner Mst. Sadia Siddiqui 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 mentioned above be retained as security. Office is directed to issue Succession Certificate in favour of petitioner upon execution of P.R. bond, equivalent to the value of moveable properties mentioned in Annexure “B” to the petition (available at Pages 33-37), enabling her to collect the securities/amounts and profit accrued thereon, as detailed in Schedule “B”, and distribute the same amongst all the legal heirs, proportionate to their respective shares, strictly in accordance with relevant law.

 

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

 

                                                                  JUDGE

Gulsher/PA