2012 PLP 2859 (YLR)
FAWWAD SHAFI — Petitioner Versus THE STATE — Respondent
| Citation | 2012 PLP 2859 (YLR) |
| Forum / Court | Sindh |
| Bench Members | Sadiq Hussain Bhatti, J |
| Parties | FAWWAD SHAFI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Succession Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in 2012 PLP 2859 (YLR)?
This judgment primarily cites: Succession Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 2859 (YLR)?
The case was heard and decided by the Sindh bench comprising: Sadiq Hussain Bhatti, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 2859 (YLR) (FAWWAD SHAFI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Anwar Kamal for Petitioner.
Headnotes / Summary
Ss. 278 & 372
Letter of Administration and succession certificate, issuance of
Petitioner sought issuance of Letter of Administration/succession certificate in respect of estate left behind by his deceased mother
Notice was served on all legal heirs of deceased and on general public through advertisement published in a daily newspaper
No one appeared from any quarter to raise any objection
All legal heirs of deceased had executed special power of attorney in favour of petitioner rand also filed their affidavits of no objection to the grant of Letter of Administration in favour of petitioner
Two independent witnesses had fled their affidavits stating therein that they knew the family of deceased well and affirmed that legal heirs of deceased mentioned in the present petition were the only legal heirs of deceased
High Court, in circum stances, directed office to issue Letter of Administration in favour of petitioner subject to rules. Petitioner in person.
Judgment & Decree
SADIQ HUSSAIN BHATTI, J.--The petitioner, who is son of deceased Mrs. Saeeda Naseem who expired at Karachi on 15-11-2011, prays for issuance of Letter of Administration/Succession Certificate in respect of the estate left behind by the said deceased as mentioned in the schedule of properties to the petition. The names of the legal heirs left behind by the deceased are mentioned as under: S. Name Age Relationship No.
1. Muhammad 67 years. Widower Naseem
2. Faisal Shafi 34 years. Son
3. Fawwad Shafi 31 years. Son
4. Yasir Shafi 28 years. Son
5. Hutnaira Faraz 33 years. Daughter Notice of the SMA was served on all the legal heirs of the deceased and on general public through advertisement published in the daily Jang dated 9 June, 2012. None appeared from any quarters to raise objection. All the legal heirs of the deceased are present in Court. They have also executed special power of attorney in favour of the petitioner and have also filed their affidavits of no objection to the grant of Letter of Administration in favour of the petitioner. Two independent witnesses, namely, Mujtaba Saeed Najmi Waki and Eijaz-ur-Rehman are also present. They have also filed their third-party affidavits. They state that they know the family well and affirm that the legal heirs of the deceased mentioned in para 5 of the petition are the only legal heirs of the deceased. Since the other legal heirs of the deceased have no objection to the issuance of the Letter of Administration in favour of the petitioner and the independent witnesses have also confirmed that there are no other legal heirs of the deceased except those mentioned above and none appeared from any quarter to raise objection despite publication of notice, there is no impediment in the grant of this SMA. Accordingly, the same is granted and the office is directed to issue Letter of Administration in favour of the petitioner subject to Rules. MWA/S-57/K Application allowed.