ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

S.M.A. No.98 of 2009

-------------------------------------------------------------------

For hearing of Main Application.

---------------------------------------

Dated: 27th May 2009

Mr. Imdad Khan, Advocate for Petitioner alongwith Petitioner, Legal Heir Sameer Arshad Chishty, Shaheryar Arshad Chishty and Mst.Sophia Chishty and Witnesses Muhammad Siddique and Nadeem Javed.

        -----------    

      By filing this petition, the petitioner Ms.Durdaana Sapehar Arshad has prayed for grant of Succession Certificate in her favour being widow of the deceased Rear Admiral (Retd.) Arshad Munir Ahmed S/o Fazal Ellahi Chishty, who passed away on 18.01.2009 leaving behind the legal heirs as mentioned in Para 3 of the petition and assets as mentioned in Schedule of Properties available at page 19 as Annexure "C" to the petition.

Notice of this petition was published in Daily Jang Karachi dated 09.5.2009, but till to-date, no objections have been received from any corner.

All the legal heirs of deceased, namely, Sameer Arshad Chishty, Shaheryar Arshad Chishty and Mst. Sophia Chishty are present in Court today, confirmed contents of their affidavits and have given their no objection for grant of Succession Certificate in favour of the petitioner.

The witnesses, who are present in Court today, have also confirmed contents of their affidavits by stating that nothing has been suppressed from the Court and apart from legal heirs mentioned in the petition, there is no other legal heirs of the deceased.

In such circumstances, there appears to be no legal impediment for grant of Succession Certificate in favour of the petitioner, hence this petition is allowed. Succession Certificate be issued in favour of the petitioner subject to furnishing security equivalent to the amount of the market value of the assets as mentioned in the schedule of properties.

This S.M.A. stands disposed of accordingly.    

JUDGE