IN THE HIGH COURT OF SINDH, AT KARACHI.

S.M.A. No. 133 of 2015.

For hearing of Main Application

Diary of Dy. Registrar (OS) dt. 05.11.2015 as flagged.

Mr. Mir Muhammad Ali Talpur, advocate for the petitioner

alongwith petitioner Mrs. Naz Khan, legal heir/widow Mrs. Naseem

Chohan and witnesses Jalal Ahmed Khan and Taumir Ahmed Suri.

Date of hearing 03.12.2015.

Date of order 03.12.2015.

O R D E R

Petitioner Mrs. Naz Khan wife of Zaheer Ahmed Khan daughter of deceased Muhammad Nasir Cholhan has filed this petition for grant of Letter of Administration in respect of immovable properties left by her deceased father.

The petitioner has stated in the petition that she is real daughter of deceased Muhammad Nasir Chohan who died intestate on 13.04.2015 at Karachi (Death Certificate is filed with the petition), leaving behind the following legal heirs:-

1. Mrs. Naseem Chohan Widow

2. Mrs. Naz Khan (Petitioner) Daughter

3. Muhammad Nadeem Chohan Son

4. Jalal Chohan Son

As per schedule of the properties (Annexure ‘B’ at page 15), the deceased has left the following immovable properties :-

S. No.	Description of Properties	Area
1.	Residential Plot of Land ad measuring 500 sq. yards, situated in Bahria Golf City, Bahria Town Karachi, vide Form No. YD6133256.	500 sq.yards
2.	Residential Plot No. A-349, ad-measuring 1000 Sq. yards, situated in New Town Housing Scheme, Gwadar, District Gwadar.	1000 sq.yards.
3.	Residential Plot No. 14, Lane No. 4, Street No.LM, Phase I- A, ad measuring 1000 sq. yards, situated in Sangar Housing Project, District Gwadar.	1000 sq. yards.
4.	Residential Plot No.11, Lane No. 7, Street No.Q, Phase I-A, ad-measuring 1000 Sq. yards, situated in Sangar Housing project, District Gwadar	1000 sq. yards.
5.	Residential Plot No. 21, Lane No.1/1J, Street No.JK, Phase II-B, ad measuring 600 sq. yards, situated in Sangar Housing Project, District Gwadar.	600 sq. yards
6.	Residential Plot No. 8 Lane No. 1/1D, Street No. KL, Phase II-B, admeasuring 600 sq. yards, situated in Sangar Housing Project, District Gawadar	600 sq.Yards
7.	Piece of Land ad measuring 15 acres out of total measuring 230 acres situated in Khasra No. 15,Khetoni No.30 Grandani South, Tehsil & District Gwadar, Balochistan, through Transfer No.80 Khewat No. 30, Grandani South, Tehsil & District Gwadar, Balochistan, through transfer No. 80.	15-0-0 acres
8.	Piece of Land ad measuring 11 acres 0 rods and 6 poles, having 6 acres and 3 rods out of total land measuring 383 acres and 26 rods situated in Khasra Nos. 154 & 155, Khetoni No.24, Khewat No. 24; and 4 acres 1 rod and 6 poles out of total land measuring 250 acres 13 rods in Khasra No. 175 Khetoni No.24, Khewat No. 24, Ziyarat Machi East, Tehsil & District Gwadar, Balochistan, through transfer Nos. 130, 284, and 49.	11 acres 0 rods and 6 poles
9.	Piece of Land ad measuring 10 acres out of total 889 acres 18 rods, situated in Khasra No.59/1, Khetoni No. 1, Khewat No.1, Sur-Bandar, Tehsil & District Gwadar, Balochistan, through transfer Nos. 111.	10 acres
10.	Piece of Land ad measuring 4 acres out of total 889 acres 18 rods, situated in Khasra No. 59/1, Kiietoni No. 1, Khewat No.1, Sur-Bandar, Tehsil & District Gwe:Jar, Balochistan, through transfer Nos. 112.	4 acres
11.	Piece of land ad measuring 1588 sq. yards (14293 sq feet) 1588 sq situated in Khasra No. 3, Khetoni No.1, Khewat No.1, yards Durghati, Tehsil & District Gwadar, Balochistan, through (14,293 sq. transfer No. 312.	1588 Sq. yards (14,293 sq feet)
12.	Piece of land ad measuring 25 acres out of total 1462 acres 25 acres 6 rods situated in Khasra Nos. 235, 236, 237, 248, 272, 273, 275, Khetori No. 139, Khewat No. 139, Darbela North, Tehsil & District Gwadar, Balochistan, through transfer No. 241.	25 acres
13.	Piece of land ad measuring 51 acres out of total 6198 acres 31 rods, situated in Khasra Nos. 353, 354, 355/1, 356, 358, Khetoni No. 149, Khewat No. 149, Darbela North, Tehsil & I District Gwadar, Balochistan, through transfer Na 233.	51 acres

Photocopies of documents of immovable properties are also filed from pages 19 to 63.

Legal Heir No.2 Mrs. Naz Khan is the petitioner and daughter of deceased. Legal Heir Nos. 1 is present, who has filed her affidavit of no objection for issuance of Letter of Administration in favour of petitioner. Legal Heirs No. 3 and 4 have also sworn their affidavits of no objection and executed special power of attorneys in favour of the petitioner on 24.04.2015, while they were on visit at Pakistan as they are permanent resident of USA. Affidavit of two witnesses namely Jalal Ahmed Khan and Taumir Ahmed Suri are also available on record, they have fully supported the contents of the petition. They are present in person and reaffirmed the contents of their affidavits. A Family Registration Certificate issued by NADRA is also available on record.

Publication of main petition has been effected in daily Jang, Karachi and Quetta dated 03.10.2015. None has filed objection to this petition. Diary of Deputy Registrar (O.S) dated 05.11.2015 is also available on record.

Accordingly, all the necessary legal requirements have been fulfilled; therefore, there appears no impediment to the grant of this petition. The petition is accordingly granted. Let the Letters of Administration be issued in respect of the immovable properties shown above, in favour of the petitioner after depositing surety and security as required under the law and other compliance in accordance with the rules.

Needless to mention, that Letters of Administration would be for the purpose of change of title of the subject properties in favour of the legal heirs. Surety amount would be released subject to submission of title in favour of all the legal heirs. In case of non-compliance or failure of grantee in discharging her legal obligations, the claims, if any, of any of the legal heirs and persons, entitled thereto, shall be fulfilled through the surety, as it is the purpose and object of surety.

J U D G E

Zahid Baig