ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

SMA No.62 of 2015

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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)

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1) For orders on CMA No.907/2015

2) For hearing of main petition

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25.08.2015

Mr. Abdur Rahman, advocate for petitioner

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This is a petition filed by petitioner Mrs. Freny Fatakia wife of Aspy N. Fatakia for probate under section 276 of the Succession Act, 1925, in respect of estate of deceased Aspy Nariman Fatakia. It is mentioned in the petition that deceased Aspy Nariman Fatakia expired on 06.09.2014 at Karachi. Photocopy of death certificate has been filed, which is available at Page-9. Further it is stated that deceased above named left behind the following legal heirs:

(i) Freny Fatakia Widow

(ii) Adil Fatakia Son

(iii) Farhad Fatakia Son

Legal heir No.1 Freny Fatakia is petitioner and widow of the deceased. Remaining legal heirs Adil Fatakia and Farhad Fatakia are present. They have filed their affidavits of no objection in favour of the petitioner, which are available at Pages-325 to 329. As per amended schedule of property, available at Page-15 to 17, above named deceased has left two immoveable properties (Plot No.Z-12, Block-7&8, Survey Sheet No.35-P/1, measuring 110 square yards, AL-Riaz Cooperative Housing Society Limited, Karachi and Plot No.191-O, measuring 600 square yards, Survey Sheet No.35-P/1, situated in Block-2, PECHS, Karachi), bank accounts and shares. Photocopies of property documents have been placed on record, which are available at Pages-27 to 323). Original documents of the immovable properties have also been presented, which have been seen and returned by learned Deputy Registrar (OS). Affidavits of two witnesses, namely, Mirza Zubair Ali Baig and Syed Nisar Nabi Qatbi are also available at Pages-337 to 341). Publication of petition has been effected in daily Jang Karachi dated 29.04.2015 but none has filed any objection from any corner. Copies of newspapers are available on record.

In above stated circumstances, I would grant Letter of Administration in favour of petitioner to get the properties mentioned in the Amended Schedule of Properties available at Page-15 to 17 mutated in the name of all the legal heirs of the deceased according to their respective entitlements/shares in accordance with rules. It is further ordered that title documents of the properties mentioned above be retained as security. It is further ordered that office is directed to issue Succession Certificate in favour of petitioner, enabling her to collect the amount lying in accounts and shares as detailed in the Schedule of Properties available at Pages-15 to 17 and distribute the same amongst all the legal heirs according to their respective shares in accordance with law, subject to execution of P.R. bond equal to said amount.

S.M.A. is allowed in the above terms.

JUDGE

Gulsher/PA