2023 PLP 30 (MLD)

SYED HASAN AZHAR RIZVI, J.

Urgent application is allowed.

2. Per learned counsel for the applicant, the deceased brother of the applicant filed the present petition for grant of Letter of Administration and Succession Certificate in respect of the properties left by his father Najaf Hasnain, who died on 19.03.1992. The petition was granted vide order dated 31.3.2014 on furnishing surety equivalent to the assets left behind by the deceased. As the petitioner failed to submit the surety in terms of the order, on the application of the petitioner this Court vide order dated 30.4.2014 directed the petitioner to deposit the original title documents of both the properties mentioned in the schedule of properties in the present petition for grant of letter of administration. As per Deputy Nazir's report dated 14.5.2014 the petitioner delivered the original title documents of both the properties and letter of administration was issued in the name of the petitioner on 17.5.2014, office copy of the letter of administration is available in the Court file. He states that the original title documents of both the properties are ling with the Nazir of this Court, however, the petitioner passed away on 02.9.2018, copy of death certificate is enclosed with the present application at Page No.135, whereas the mother of the petitioner as well as of the applicant died on 13.7.2020, photocopy of her death certificate is enclosed at Page No.133 of the instant application. He submits that both the petitioner and mother expired after issuance of letter of administration in this petition. Per learned counsel, the property left by the deceased shown at serial No.2 in the schedule of properties remained un administered, therefore, the applicant has approached this Court by filing the present application for issuance of letter of administration in favour of the applicant being the sole surviving legal heir of the deceased. In support of the present application, the applicant has filed his own affidavit as well as affidavits of Syed Yasir Hussain son of Syed Shahid Hussain Rizvi and Syed Ali Ahmed Rizvi son of Syed Turab Ahmed Rizvi. In support of his submission, learned counsel for the applicant has placed reliance on the case of Muhammad Shafiq (PLD 2014 Sindh 541). Section 312 of the Succession Act, 1925, which relates to survival of powers on death of one of several executors or administrators. For ready reference, section 312 of the Act, 1925 is reproduced below:- "S.

312. Survival of powers on death of one of several executors or administrators. Upon the death of one or more of several executors or administrators, in the absence of any direction to the contrary in the will or grant of letters of administration, all the powers of the office become vested in the survivors or survivor." In view of above, office objection is over-ruled. The application bearing C.M.A. No.2512 of 2021 is allowed. Let fresh Letter of Administration be issued in favour of the applicant being the only surviving legal heir of the deceased Najaf Hasnain. KMZ/M-127/Sindh Order accordingly.