1989 PLP 960 (CLC)

2. Deceased Syed Zahoorul Hasnain son of late Syed Amanat Hussain died on 28‑12‑1985 at Karachi. At the time of his death the deceased had his fixed place of abode at Karachi. He left property within the jurisdiction of this Court. The deceased has left surviving him the following heirs:‑-- (1) Maktoob Ali ..Son. (2) Syed Maqsood Ali ..Son. (3) Syed Mabood Ali ..Son. (4)Mst. Sabira Khatoon... ..Daughter. It is further stated that the deceased left 3 houses and some movable property shown in the schedule of the petition.

3. The petition was contested by Mst. Sabira Khatoon the daughter of the deceased who filed objections wherein she alleged that the deceased had gifted House No.R‑97, Block 14, F.B. Area, Karachi to her during his lifetime. The deceased had also delivered the possession to her and the necessary mutation was made by the KDA. Regarding the second house which bears No.575/8, Federal B Area, Karachi the objector says that it belongs to Syed Maqsood Ali and Mabood Ali. Hence there remains only one house which bears No.B‑94/10, Federal 'B' Area, Karachi. She has denied that any movable property, ornaments or cash were left by the deceased or were in her possession.

4. Syed Mabood Ali has filed objections, wherein he has taken the same line of defence as that of Mst. Sabira Khatoon. He has alleged that House No.R‑97/14 F.B. Area, Karachi was gifted by the deceased during his lifetime to Mst. Sabira Khatoon while House No.575/8 was the property of Syed Maqsood Ali and Syed Mabood Ali and not of the deceased. He, however, states that House No.B‑194/10, Federal 'B' Area, Karachi is the only property which was left by the deceased and can now be administered and partitioned amongst the heirs of the deceased.

5. I have heard the arguments of Mr. Ameer Ahmad Khan and Mr. N!.A. Qadri. Advocates and have gone through the affidavits and the documents filed by the parties. From these affidavits and documents it is quite clear that House No.R‑97 Block 14 F.B. Area, Karachi is the exclusive property of Mst. Sabira Khatoon and was gifted to her by the deceased during his lifetime. Similarly I am satisfied that House No.575/8 Federal 'B' Area. Karachi is the exclusive property of Syed Mabood Ali and Syed Maqsood Ali and that the petitioner Maktoob Ali has no share whatsoever in the same. I am also satisfied that the only immovable property left by the deceased at the time of his death was House No.B‑194/10, Federal 'B' Area, Karachi. The learned counsel for the parties were unable to show any evidence whatsoever regarding the movable property, that is, ornaments and cash having been left by the deceased. Hence I direct that House No.B‑194 Block 10, Federal 'B' Area, Karachi be administered and divided between the heirs of the deceased abovenamed in such a manner that the daughter Sabira Khatoon shall get 1/2 of the share which each son will get. Thus, 1/7th share will go to Sabira Khatoon and 2/7th each to petitioner Maktoob and objectors Mabood and Maqsood. Hence a preliminary decree is passed. The Registrar of this Court Mr. Ghous Muhammad is appointed as Commissioner for the purpose of administration, division and accounts He should submit his report within two months. The petitioner is directed to deposit a sum of Rs.2,000 towards the Commissioner's feel initially. M.Z.S./M‑635/K Preliminary decree passed.