2008 PLP 127 (CLC)
S.M.A. No.140 of 2006 and C.M.A. No.538 of 2007
| Citation | 2008 PLP 127 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | S.M.A. No.140 of 2006 and C.M.A. No.538 of 2007 |
| Primary Law | Succession Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in 2008 PLP 127 (CLC)?
This judgment primarily cites: Succession Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 127 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 127 (CLC) (S.M.A. No.140 of 2006 and C.M.A. No.538 of 2007). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 278---Letter of administration, grant of---Application had been filed by an Advocate on behalf of legal heirs of deceased, praying that letter of administration be issued to the heirs of deceased without furnishing surety but on furnishing their personal bond---All the legal heirs were adults and house in question was of their mother and one of the legal heirs was residing therein---Application was allowed and Nazir of the court was directed to issue the letter of administration in terms already ordered by the court upon execution of personal bonds by the legal heirs and no surety was needed to be insisted upon.
- S.M. Kazim for Petitioner.
- This application has been filed by Mr. S.M. Kazim, Advocate on behalf of the petitioners praying that letter of administration may be issued to them without furnishing surety on furnishing their personal bond. He has relied upon a decision reported in Mst. Razia Khatoon's case 1996 MLD 873 (Karachi), wherein his Lordship Mr. Justice Wajihuddin Ahmed (as he then was) had granted succession certificate upon furnishing personal bond.
Headnotes / Summary
S. 278
Letter of administration, grant of
Application had been filed by an Advocate on behalf of legal heirs of deceased, praying that letter of administration be issued to the heirs of deceased without furnishing surety but on furnishing their personal bond
All the legal heirs were adults and house in question was of their mother and one of the legal heirs was residing therein
Application was allowed and Nazir of the court was directed to issue the letter of administration in terms already ordered by the court upon execution of personal bonds by the legal heirs and no surety was needed to be insisted upon.
Judgment & Decree
KHAWAJA NAVEED AHMED, J.
This S.M.A. in respect of house of late Mst. Sajida Khatoon, who was residing in House No.B-123, Block-I, North Nazimabad, Karachi and has expired on 2-7-2006, was granted by this Court on 21-12-2006 upon furnishing one surety in the sum equivalent to the value of the property involved in S.M.A. This application has been filed by Mr. S.M. Kazim, Advocate on behalf of the petitioners praying that letter of administration may be issued to them without furnishing surety on furnishing their personal bond. He has relied upon a decision reported in Mst. Razia Khatoon's case 1996 MLD 873 (Karachi), wherein his Lordship Mr. Justice Wajihuddin Ahmed (as he then was) had granted succession certificate upon furnishing personal bond. This succession certificate is non-contentious matter. All the legal heirs are adults. It is house of their mother and petitioner No.1 is residing in the same house. Keeping in view of the law reported in 1996 MLD p.873 (Karachi), I allow this application. Nazir is directed to issue the letter of administration to the petitioners in terms already ordered by the Court, upon execution of personal bond by the petitioner and no surety is needed to be insisted upon. H.B.T./S-95/K Application accepted.