ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

 

S.M.A. No.70 of 2010

    Date                              Order with signature of the Judge

 

For hearing of Main Application.

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Dated: 18th May 2010

 

Mr. Farhan Zia Abrar, Advocate for Petitioner alongwith Legal Heirs and Witnesses.

 

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            This is a petition for grant of Letters of Administration and Succession Certificate filed by the petitioner Farrukh Habib in respect of the estate and assets/debts of the deceased Saghir Ahmed S/o Rafique Ahmed, who expired at Karachi on 13.01.2010. All the legal heirs except Fozia Hussain, Ambreen Zakir and Fizzah Seep are present in Court and they have sworn their affidavits of no objection. Legal heir Ambreen Zakir, who is residing outside the country, has executed power of attorney in favour of the petitioner, while legal heir Fozia Hussain has filed her affidavit, but today she is not present and according to the learned counsel, she has also executed power of attorney in favour of Danish Habib, which according to him, will be submitted in Court and Fizzah Seep is minor.

            Learned counsel undertakes to file original power of attorney of Fozia Hussain executed by her in favour of Danish Habib during course of the day. The independent witnesses, namely, Arshad Ameer and Rashid Ameer, who are also present in Court, have also sworn their affidavits in support of the petition.

            According to the report of Deputy Registrar (OS) of this Court, all the formalities including publication of notice have been completed, but none has filed any objection and there is no impediment for grant of Letters of Administration and Succession Certificate.

            Accordingly, this petition is allowed. Let Letters of Administration and Succession Certificate be issued as per rules subject to furnishing security in the sum of Rs.10,00,000/- and original title documents of the property will also remain as security with the Nazir of this Court. The share of minor Fizzah Seep will be invested by the Nazir of this Court in some profitable scheme which will be released to her on attaining the age of majority.

            This petition stands disposed of accordingly.     

JUDGE