ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

S.M.A. No. 58 of 2009

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Date              Order with signature of Judge.

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1.                For orders on CMA 437/09

2.                For orders on CMA 438/09

3.                For hg of main application

 

11.5.2009.

 

      Mr. Rahat Baig, advocate for petitioner.

 

 

1.    Granted.

2&3.     Through this petition under section 278 of the Succession Act, 1925, the petitioner has prayed for grant of letter of administration and succession certificate in respect of the estate of her father, who died at Karachi on 3.7.2007. It is claimed that the petitioner’s father died intestate leaving behind six daughters and two sons and a husband. The description of movable and immovable properties/ assets of the deceased is given in the petition as well as in the schedule, annexed thereto. A photocopy of Indenture of Sub-lease in respect of the office bearing Nos. 405 & 406, 4th floor, Kashif Centre, Shahra-e-Faisal, Karachi has been annexed with the petition. The counsel for the petitioner submits a photocopy of the statement of account, held by the deceased in MCB, Hotel Mehran Branch, Karachi.

      In response to the requisite notice, published in the daily ‘JANG’ of 20th March, 2009, no objection has been filed. Alongwith the petition are annexed affidavits of no objection of all the other legal heirs in support of the petitioner; also annexed with the petition are two affidavits of witnesses to the effect that they knew the deceased Surriya Jabeen, being her sons-in-law and also aware of the fact that she left behind her husband, two sons and six daughters. Petitioner alongwith Fouzia Javed, Rashid Sherwani, Bushra Sherwani and Sidra Sherwani is present in Court. However, son Abid Sherwani, daughter Samina Jabeen Hasnain and also the husband of the deceased are not in attendance. The petitioner has already  filed medical certificate of her father Hamid Hussain to the effect that he is unable to come to the Court, whereas the legal heirs Abid Sherwani is said to be in Sri Lanka and Samina Jabeen Hasnain is in America. Other legal heirs as well as witnesses present verify the above.

      The petition, in the circumstances, is granted. Let letter of administration and succession certificate be issued according to law and after following all the legal requisites.

 

 

                                                      Judge