2017 PLP 687 (CLC)
S.M.A. No.231 of 2016
| Citation | 2017 PLP 687 (CLC) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | S.M.A. No.231 of 2016 |
| Primary Law | Succession Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in 2017 PLP 687 (CLC)?
This judgment primarily cites: Succession Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 687 (CLC)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 687 (CLC) (S.M.A. No.231 of 2016). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tasawar Ali Hashmi for Petitioner.
Headnotes / Summary
Ss. 278 & 372
Grant of Letter of Administration
Non-contentious matter
Petition for grant of Letter of Administration in respect of movable and immovable properties of deceased in favour of widow of deceased
Legal heirs, all of whom were sui juris, had individually filed sworn affidavits wherein they stated that they had no objection for grant of Letter of Administration in favour of the petitioner and witnesses had also stated that there were no other legal heirs of deceased
Original Death Registration Certificate of the deceased and photocopies of immovable properties in respect of which the petition was filed, had been seen and returned by the Administrative Side of the High Court along with a report which confirmed that notices inviting objections were published in newspapers and no objection was forthcoming
All formalities therefore had been completed and no impediment existed to the grant of the Letter of Administration
High Court directed that Letter of Administration be issued in favour of the petitioner subject to execution of a administration bond and furnishing of deposit as surety and security along with other compliances in accordance with the applicable rules
Petition was allowed, accordingly.
Judgment & Decree
YOUSUF ALI SAYEED, J.
This petition has been filed for grant of Letter of Administration under section 278 of the Succession Act, 1925 in respect of the following immovable properties left by the deceased, Abdul Jabbar, son of Abdul Majid:
1. Plot No.63, admeasuring 2000 Sq. Yards, situated in Sector I-10/3, Industrial Area, Islamabad.
2. Plot No.78, situated in Sector I-10/3, Street No. 7, Industrial Area, Islamabad.
3. Shop No.GF-71, admeasuring 253.5 Sq. Ft., Plot No.95-D, Asiana Shopping Centre, Muree Road, Satellite Town, Tehsil Municipal Administration, Rawalpindi. The petitioner is the widow of the deceased and has mentioned that the deceased at the time of death left behind him the following legal heirs:
1. Khursheed Begum Widow
2. Muneera Nasir Daughter
3. Faiza Ehsan Daughter
4. Zunaira Amir Daughter
5. Abdul Jawwad Son
6. Wajiha Arshad Daughter
7. Fakiha Asif Daughter
8. Amna Faisal Daughter Other than the petitioner, each of the legal heirs, all of whom are sui juris, have individually filed a sworn Affidavit wherein they have each stated inter alia that they have no objection to the grant of a Letter of Administration in favor of the petitioner. The legal heirs have all appeared before this Court on 06.12.2016, along with Faisal Shamim Barry son of Shamim Ahmed Barry, and Arshad Aslam, son of Muhammad Aslam, both of whom have filed their sworn affidavits as witnesses, wherein they have stated that there are no other legal heirs of the deceased. The above-named legal heirs and witnesses have all confirmed the contents of their respective affidavits. In support of this petition, the petitioner has also filed (a) the original Death Registration Certificate of the deceased, and (b) photocopies of the immovable properties in respect of which the grant of administration has been sought, with the original immovable property documents having been seen and returned by the Deputy Registrar (OS), as per the office report dated 24.11.2016 submitted by him. Furthermore, vide the aforementioned office report the Deputy Registrar (OS) has also confirmed that Notice inviting objections in respect of the petition was published in the daily Jang, Karachi and daily Jang, Rawalpindi on 19.10.2016 and 22.10.2016 respectively, but no objection to the petition has been forthcoming. As such, it appears that all the formalities have been completed and no objections have been received against the grant of this petition from amongst the legal heirs or from amidst the public at large. As all the necessary legal requirements appears to have been fulfilled, and there appears to be no impediment to the grant of this petition, the same is accordingly granted. Let the Letter of Administration be issued subject to execution of Administration Bond and furnishing/deposit of such surety and security and other compliances in accordance with Rules. KMZ/K-1/Sindh Order accordingly.