SMA NO.156/2015
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Date Order with signature of
Judge
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For hearing of main petition.
26.04.2016
Mr. Abdul
Mubeen Lakho advocate
alongwith Nuzhat Tariq, Bina
Qazi.
Ali Umar and Amna Umar, respectively son
and daughter of Nuzhat Tariq present.
……………
Office note dated 03.12.2015
reflects that :-
“As
per contents of petition, the above named deceased expired on 15.06.2015 at
Karachi. Original death certificate and family registration certificates are
attached in the case file (page 15-21). The deceased above named left behind
following legal heir as per petition:-
1.
Saleem
Ansar, son
2.
Nuzhat
Tariq, daughter,
3.
Bina
Qazi, daughter,
4.
Sohail
Ansar, son
5.
Nadeem
Ansar, son.
Legal
heir No.4, Sohail Ansar is
the petitioner and son of the deceased. Legal heir No.1
has filed special power of attorney in favour of petitioner, duly attested by
Notary Public, Lahore, while legal heirs Nos.2, 3 and
5 have filed their affidavits of no objection in favour of petitioner and legal
heir No.5 has filed his special power of attorney in
favour of petitioner (page 169-181).
Affidavits
of two witnesses namely a) Ghulam Mustafa and 2) Robinson Anwar, are also on
record (page 183-189).
As
per schedule of property (page No.25-27) the above
named deceased has left four immovable properties, vehicle, shares and saving
certificates. Photocopies of property documents are attached in the case file.
(Page No.39-165), while original property documents
have been seen and returned by the undersigned.
Mr.
Rana Jangshair Ali,
Associate of learned counsel for the petitioner is present alongwith petitioner,
legal heir Nos.2 and 3.
Publication
of main petition has been effected in Daily Jang, Karachi dated 04.11.2015, but
none has filed any objection from any corner. Copy of publication is available
on the record.”
As reflected from office
note, above exercise was undertaken by office, inspite of publication at large
none has come forward to raise any objection. Accordingly, instant SMA is
allowed. Office shall issue letter of administration as well as Succession Certificate.
Legal heirs Nuzhat Tariq and Bina Qazi present
today, contend that with regard to Saving Certificates wherein nomination has
been made by deceased in favour of Amna Umar and Ali Umar, with equal share of 50%, they have no objection if
they will encash that amount from the concerned saving center/bank and receive
the same as owners. With regard to share of legal heir Nadeem Ansar nominees would be bound to deposit his share with the
Nazir of this Court.
Since the matter is
non-contested therefore office shall accept original property documents as
surety with regard to letter of administration and P.R. bond with regard to
succession certificate. Nazir would be entitled to his fee of Rs.20,000/-.
J U D G E
Imran/PA