2013 PLP 281 (YLR)
M. NASEERUDDIN and 2 others — Petitioners Versus SABA NASEER — Respondent
| Citation | 2013 PLP 281 (YLR) |
| Forum / Court | Sindh |
| Bench Members | Sadiq Hussain Bhatti, J |
| Parties | M. NASEERUDDIN and 2 others — Petitioners Versus SABA NASEER — Respondent |
| Primary Law | Succession Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in 2013 PLP 281 (YLR)?
This judgment primarily cites: Succession Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 281 (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: 2013 PLP 281 (YLR) (M. NASEERUDDIN and 2 others — Petitioners Versus SABA NASEER — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Khushal Khan for Petitioners.
- 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 30-5-2012. None appeared from any quarters to raise objection. All the legal heirs of the deceased are major and, except for respondent Mst. Saba Naseer, all have executed affidavits of no objection for grant of the petition as prayed. As per the list of the legal heirs submitted by the petitioners, Mst Saba Naseer, daughter of the deceased, is also one of the legal heirs and she is residing in one of the properties left behind by the deceased and forming part of this SMA. As per bailiff's report dated 25-8-2012, she has been served but she is not coming forward. However, she has not filed any objections to this petition.
Headnotes / Summary
S. 278
Letter of Administration, issuance of
Petitioners were husband, son and two daughters of deceased and sought issuance of Letter of Administration
Independent witnesses confirmed that there were no other legal heirs of deceased except those mentioned in petition and none appeared from any quarter to raise objection despite publication of notice
High Court issued Letter of Administration in favour of petitioners
Application was allowed in circumstances. Petitioners Nos.1-3 are present in Court. Respondent No.1 is called absent.
Judgment & Decree
SADIQ HUSSAIN BHATTI, J.
The petitioner No.1 is husband, petitioner No.2 is daughter and petitioner No.3 is son of deceased Sabra Begum, who expired at Karachi on 22-1-2011. The instant SMA has been filed praying for issuance of Letters of Administration 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 as under:-- S. No. Name Age Relationship
1. M. Naseeruddin Major Husband
2. Naheed Naseer -do- Daughter
3. Babar Naseer -do- Son
4. Saba Naseer -do- 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 30-5-2012. None appeared from any quarters to raise objection. All the legal heirs of the deceased are major and, except for respondent Mst. Saba Naseer, all have executed affidavits of no objection for grant of the petition as prayed. As per the list of the legal heirs submitted by the petitioners, Mst Saba Naseer, daughter of the deceased, is also one of the legal heirs and she is residing in one of the properties left behind by the deceased and forming part of this SMA. As per bailiff's report dated 25-8-2012, she has been served but she is not coming forward. However, she has not filed any objections to this petition. Two independent witnesses, namely, Muhammad Tasleem and Muhammad Izhar are also present. They have also filed their third-party affidavits. They state that they know the family well and affirm that the persons mentioned above are the only legal heirs of the deceased. Since the other legal heirs of the deceased have no objection to the issuance of the Letters of Administration in favour of the petitioners 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. MH/M-109/K Application allowe