2017 PLP 644 (CLC)

YOUSUF ALI SAYEED, J.

This is a petition for grant of Letters of Administration under Section 278 of the Succession Act, 1925, in respect of immovable properties left by the deceased, Muhammad Afzal Khan, son of Muhammad Ibrahim Khan, who died on 09.04.2012 at Karachi, leaving behind the petitioner, Mst. Razia Begum, and a minor son, namely Dawood Ali Khan. The original death Certificate and Family Registration Certificate are on record and duly evince their relationship with the deceased. Furthermore, sworn affidavits have been filed in support of the Petition by two witnesses, namely Shahid Ahmed Khan and Sikandar Ameer, wherein they have affirmed the status of Petitioner and her minor son as the heirs of the deceased. The Petitioner (accompanied by the minor) and the two witnesses are present in Court today and have been identified through counsel as well as production of their original CNICs. Learned Counsel submits that an Application under Order XXXII, Rule, 3, C.P.C. read with Section 151 for appointment of the Petitioner as Guardian-ad-Litem of her minor son has already been allowed by the Deputy Registrar (OS), as is mentioned in his report dated 03.11.2016. From the contents of the Petition and documents annexed therewith it appears that at the time of his demise, the deceased was possessed of 50% share in three immovable properties in respect of which the grant of administration has been sought in terms of these proceedings, the particulars of which are as follows: (1) Commercial Office No.3, on 2nd floor, measuring 1800 Square Feet, Offices located at Plot of Land Bearing No.8/C, South Park Avenue, situated at Phase-II (Ext) in Pakistan Defence Officers Housing Authority, Karachi. (2) Commercial Office No.4, on 3rd floor, measuring 725 Square Feet, located at Plot of Land bearing No.8/C, South Park Avenue, situated at Phase-II (Ext) in Pakistan Defence Officers Housing Authority Karachi. (3) Commercial Office No.5, on 3rd floor, measuring 1075 Square Feet, located at Plot of Land Bearing No.8/C, South Park Avenue, situated at Phase-II(Ext) in Pakistan Defence Officers Housing Authority Karachi. Learned Counsel submits that the co-owner of these three properties, possessed of the remaining 50% share therein, is the widowed Petitioner. He invites my attention to the copies of the title documents to these properties, as annexed with the Petition, as well as the Affidavits of the two aforementioned witnesses, which reflect the factum of such joint ownership. As per the report of the Deputy Registrar (O.S.), the original title documents of these properties were seen by him and have then been returned. Furthermore, as per the said report, it appears that publication of the main petition was effected in the Daily Jang, Karachi, on 05.10.2016, but no objection has been forthcoming from any quarter. Under the circumstances, the matter appears to be non-contentious and there appears to be no impediment to the grant of Letter of Administration in favor of the Petitioner. Accordingly, this petition is allowed. Let a Letter of Administration in respect of the 50% share of the deceased in the three above-mentioned immovable properties be issued in favor of the Petitioner subject to execution of Administration Bond and furnishing of surety/security as per Rules and fulfillment of all Codal formalities. KMZ/R-3/Sindh Order accordingly.