ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
S.M.A. No.112 of 2010
Date Order with signature of the Judge
1. For order on CMA No.645/10.
2. For order on Statement at Bar dt: 3.6.10.
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Mr. Farhan Zia Abrar, Advocate for Petitioner alongwith Petitioner.
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1. Granted.
2. Counsel for the petitioner states that the petitioner is ready and willing to deposit the original title documents of the immovable property in respect whereof Letter of Probate was granted vide order dated 21.5.2010. He further states that the petitioner wants the immovable property to be mutated in her name as well as in the name of her minor son Syed Munir Mujtaba Rafi.
Once the original title documents of the immovable property are deposited the Nazir to get the property mutated in the name of petitioner as well as minor in their proportionate share for the reason that the consent of the minor to the will in accordance with Section 117 of Mohammadan Law after the demise of the testator is lacking. The fee of Nazir for this exercise in the sum of Rs.5,000/- shall be deposited by the petitioner in advance, whereas the expenses for mutation will be borne by the petitioner herself.
As to the movable properties, Nazir to collect cash and after retaining the share of minor to pay to the petitioner. As to the shares of different companies detailed in CDC account at page 67, the same may be encashed by the Nazir and distributed accordingly.
As to the locker necessary inventory may be made in presence of the petitioner. Once the inventory is made the matter be placed in Court on 14.6.2010 with the Nazir report.
JUDGE