1979 PLP 48 (CLC)

Current, Saakatchewan name of Dr. A. B. (Canada) Shapero. 3. do 840.58 Saving Account No. 753 018 in. the name of Dr. A. B. Shapero. 4. do 3,000.00 Terms Deposit No. 1039373 in the name of Dr. A. B. Shapero.

5. The Royal Bank of Canada 2,000.00 Terms Deposit No. P. O. Box No. 430, Swift 1039874 in the name of Current, Saakatchewan Dr. A. B. Shapero. (Canada)

6. Baton's Credit Office, 702.00 Account No. 349 426 41 in P. O. Box No. 2800 Win- the name of Dr. A. B. nipeg, Manitola R 3 C 301 Shapero. Canada

7. The Royal Bank of Canada 300.00 Certificate No. I 160903-1 Bank Office, building Box (S) shares of Royal Bank No. 4001, Montreal Quebec, of Canada. In the name 113C, 3A9 Canada of Dr. A. B. Shapero.

8. Wastern Savings & Credits 1,430,03 Share/Saving Account No. Union Ltd., 168, Avenue 16880/.1439.03. A.N. Swift Current Saskatchewan(Canada) 9. do 500.00 Terms deposit (with in- terest).

10. Western Savings & Credits 1,469.95 Insurance benefits in the Union Ltd., 166, Avenue name of Dr. A. B. N. K. Swift Current Shapero. Saakatchewan (Canada)

11. Growth Investment Ltd., 950.95 Account No. 51269 shares 1957 Alta Vista Drive, 50.686 in the name of Dr. Ottwa's Ontario, KIG QOB A. B. Shapero.

12. The Royal Trust Company 8,310.00 Registered retirement Sav 700 the Dome Tower ing plan. Cash 1,877.10. Torento Dominion Square, 50 shares Inco. Ltd. 9000 Calgary, Alberta (Canada) Woodward Stores Ltd. Debetures, 1000 Nuwest Development Corporation Debentures in the name of Dr. A. B. Shapero,

13. Investors Syndicates Ltd., 230 Broadway 8,729,25 Account No. 1300-22807. Winnipeg, Canada, Issuing Company. Inves 13C 316 ters Japanese Growth Fund Limited in the name of Dr. A. B. Shapero.

14. Peslerton Securities Ltd., 914.06 Account No. 75-761-S-C5 Box No. 49150, Three Income account in the Dental Centre, Vanconver name of Dr. A. B. I. C. 7 (Canada) Shapero.

15. Penterton Securities Ltd., 9,000.00 4000.00 Per Value 929 355 8th Avenue, S. W. ward Stores, Ltd., Calgery, Alberta T2P-109. 5000.00 Per Value D. C. Telephone Co.

16. Penterton Securities Ltd. 746.90 Cash Balance. 920 365 8th Avenue, S. W. Calgary, Alberts T28-109 17. do 1,039.65 Royal Tract Company 663000 in the name of Dr. A. B. Shapero.

18. Great West Life, Co. 6,856.51 Policy No. 1701/743 in the Osborne Street, North name of A. B. Shapero. Winnipeg, Manitole R3C 3AS Canada

19. Great West Life Co., 10,662.06 Policy No. 1943 729 (The Osborne Street. North proceeds of Policy No. Winnipeg, Manitola. R3C 1943 729 and 1701 743 3AS Canada Have a registered retire- ment plan of the value of 9,766.68 in the name of Dr. A. B. Shapero.

20. Great West Life Co, 4,000.00 Policy No. 1701 744 for Ostorne Street, North Gina Yasmin Shapero- Winnipeg, Manitola R3C Minor. 3AS Canada. 21. do 4000.00 Policy No. 1701 745 for Muna Rochelle Shapero- Minor daughter of Dr. A. B. Shapero.

22. Bank of Montreal 160.10 The Saving Account Drumbeller Alta, No. 73668 in the name of TOJ OYO Dr. A. B. Shapero.

23. Torento Dominion Bank, Value un- Key No. 26, Safety De 3487 Kingston Road and ascertainable posit Box No. 293 in the Markhen, Road Scarlo- name of Dr. A. B. rough, Osterio, Canada Shapero. 24. he Royal Bank of Canada, do Key of Locker No. 3835 Box No. 1203 Thomson, Box No. 368 in the name Manitoba, Canada of Dr. A. R. Shapero. 25. `Page' The Cleaner & do Bank Contract Contract No. Supplier Ltd. 13036-97 St. storage A-1006/1977 in Edmonton 30, Alta the name of Dr. A. B. Canada Shapero.

26. Wayburn Cooperative Value un- One Share No. 1651 issued Association Ltd. Wayburn ascertain- in favour of Dr. A. B. Sec. Katchewan, Canada able Shapero.

1. Lloyds Bank Ltd., 91.81 Account No. 0027-95-1 14 High Street Sutton in the name of Dr. A. B. Coldfield West Midlands Shapero. B-72 IZU United Kingdom

2. Bradford & Bingey Build- 139.85 Account No. 010/B/ 0989 ing Society, P. C' Box 2, 35.M. in the name of Bingley West, Yorkshire, Dr. A. B. Shapero. E D 16 2 LW United Kingdom 3. -do-- 670.76 Account No. 010/P 244468. J. in the name of Dr. A. B. Shapero 4. -do-- 840.00 Account No. 010/E/ 014915 in the name of A. B. Shapero. 5. -do-- 114.66 Account No. 010/P/ 348708 J. in the name of Dr. A. B. Shapero.

6. Norwich Union Life 1,518.00 Policy No. 1837907 in Insurance Society, P. O. the name of Dr. A. B. Box No. 4, Surrey Street, Shapero. Norwich N R 1 310 United Kingdom. 7. -do- 67.01 Policy No. 1837908. At present 67.01 due and payable 173.00 is due on benefit date, i.e. 2.6.1986 in the name of Dr. A. B. Shapero.

8. Norwich Union Life 94.60 Policy No. 1838602. At Insurance Society, P. O. present .94.60 is due Box No. 4, Surrey Street, and payable. .182.00 is Norwich ER1 3ng United due on benefit dated, i. e. Kingdom. 2.6.1987 in the name of Dr. A. B. Shapero.

9. Accountant General Bank 5.00 Prize Bond D200585 of Ireland, Dublin. One Unit, in the name of Dr. A.B. Shapero.

1. Canadian Imperial Bank BDS $263.58 Savings Account No. 12637 of Commerce P.O. Box in the name of Dr. A.B. No. 405, - Bridge Town, Shapero. Barbados (West Indies).

2. Barclays Bank Inter- 114. 64 Account No. 143732 in national .Ltd. P. O. Box the name of Dr. A. B. No. 301, Broad Street Shapero. Bridge Town Barbados (West Indies). Habib Bank Limited. Current Account. Grand Building Phillips Street, Singapore. 908.35 No. 934 in the name of Dr. A.B. Shapero. ________________________________________________________________________ Issue No. 5 The plaintiff No.1 is the father and plaintiff No. 2 is the mother and defendants Nos. 2 and 3 are the daughters of Dr. Altaf Begum Shapero deceased. According to Muslim Law they are entitled to shares as follows. (See Muhammadan Law by Mulla). (1) Plaintiff No. 1. 1/6th share. (2) Plaintiff No. 2. 1/6th share. (3) Defendant No. 2. 1/3rd share; (4) Defendant No. 3. 1/3rd share. The plaintiffs and defendants Nos. 2 & 3 are therefore, entitled to get their respective shares from the estate of the deceased after the deduction of the liabilities. Issue No. 6 : Mohammad Sultan Malik brother of the deceased and Ishtiaq Fatima Malik wife of Mohammad Sultan Malik the joint guardians of the person and properties of the defendants Nos. 2 and 3 have been appointed as joint guardians under section 7 of Guardians and Wards Act, 1890 by order dated 29-5-1978 (as amended subsequently) by the District Judge, Karachi. A photostat copy of the certificate order which has been made during the pendency of the present administration suit is Exh. B/2. They therefore, are deemed to be in control and management of the properties left by the deceased (all movable) in Pakistan and Ex-Pakistan. The joint guardians to defendants Nos. 2 and 3 are in control and management of all the properties left by the deceased in Pakistan and Ex-Pakistan and they are required to render accounts for the purpose of administration of the suit properties and for distribution thereof in accordance with Muslim Law. Issue No. 8 : Accordingly, it is ordered that there shall be a preliminary decree in the plaintiff's favour as under :- (1) That the estate of Dr. Altaf Begum Shapero deceased consisting of properties mentioned in Exh. P/6 and reproduced under issue No. 4 hereinbefore and other properties of the deceased which may come to light may be administered. The plaintiffs and defendants shall be entitled to the net assets in the following shares :- Plaintiff No. 1. 1 /6 share. Plaintiff No. 2. 1 /6 share. Defendant No. 2. 1/3 share. Defendant No. 3. 1/3 share. (2) That costs of the suit may be divided among plaintiffs and defendants Nos. 2 and 3 according to their respective shares. (3) It is further ordered that Mr. Akhtar Hussain Advocate of 108, Chaudhury Chambers, Dr. Ziauddin Ahmed Road, Karachi is hereby appointed as Administrator to administer the estate of Dr. Altaf Begum Shapero (either directly or through his duly cons tituted attorney or attorneys) situated within as well as outside Pakistan. (4) That it is ordered that the following accounts and enquiries be taken and made, that is to say :- (i) an account of funeral and testamentary expenses. (ii) An account of movable properties of the deceased which have come to the hands of the joint guardian of defendants Nos. 2 and 3, or to the hands of any other person by her order or for her use., (iii) That the said administrator or duly constituted attorney or attorneys receive and recover all outstanding debts, securities, shares, insurance policies, travellers cheques and all other outstanding movable properties of the deceased and maintain an account of all the assets and submit statement of assets, income and liabilities, if any, into the Court after every six months till the two minors attain majority. (iv) It is further ordered that further enquiry be made and account taken, that is to say :- (a) An inquiry what immovable property the deceased was seized of, or entitled to, at the time of her death. (b) An enquiry what are the incumbrances (if any) effecting the immovable property of the deceased or any pt, thereof. (c) An account so far as possible of what is due to the several incumbrancers and to include a statement of properties of such of the incumbrancers as shall consent to the sale hereinafter directed. (5) And that immovable properties of the deceased or so much thereof as shall be necessary to make up the fund in the Court sufficient to carry out the object of the suit be sold with the approval of the Judge free from incumbranees (if any) of such incum brancers as shall consent to the sale and subject to the incumbrances of such of them as shall not consent. (6) And it is ordered that the said administrator shall have the conduct of the sale of the immovable properties and shall prepare the conditions and contracts of sale subject to the approval of the High Court of Sind at Karachi Pakistan and that, in case any doubt or difficulty shall arise, the matters shall be submitted to the Judge to settle. (7) And it is further ordered that for the purposes of the enquiries hereinbefore directed the said Administrator will advertise in the newspapers according to the practice of the Court, or shall make such inquiries in any other way which shall appear to him to give the most useful publicity to such inquiries. The said administrator shall take all necessary steps to apply for and obtain ancillary administrations of the estate of the deceased in such foreign juris dictions in which the said estate, or part thereof may be locally situate, and further to take all such steps as may be necessary to take possession of the whole of the deceased's estate. (8) That the administrator shall determine the extent and value of the properties of the estate of the deceased at the time of her death within and outside Pakistan. (9) And the said administrator may appoint the attorney and attorneys delegating such powers as are necessary for the administration and management of the estates left by the deceased in the Provinces in Canada and United Kingdom and for to apply to the competent authorities or Courts for appointment of Administrator-General or such other officer or authority as the laws of those countries require. (10) That the said administrator shall, unless otherwise directed by the Court, bring within Pakistan all the deceased's foreign assets or the proceeds thereof as may come into their hands and further shall be empowered, subject to the orders of this Court to be given from time to time, to sell, dispose of or transfer, convert or exchange the deceased's movable and immovable properties (if any) or part thereof. (11) That the said administrator shall also be receiver in the suit and receive and get all outstanding debts, outstanding movable pro perties and proceeds thereof, of the deceased and pay the same into an account to be opened in the American Express or First National City Bank of America, I. I. Chundrigar Road, Karachi, and the statements of accounts will be submitted into the Court after every six months. He or his duly constituted attorney or attorneys shall perform all such functions and duties as are performable by the receiver or nominee of this Court under the preliminary decree according to form 17 of Appendix `D' to the First Schedule of Code of Civil Procedure. (12) And it is ordered that the above inquiries and accounts be made and taken and that all other acts ordered to be done and completed. within six months and the said Administrator do certify the result of the inquiries and accounts and that all other acts ordered to be done are completed before the 1st day of July 1979 and that the said Administrator do certify the result of the inquiries and the accounts and all other acts ordered are completed and have his certificate in that behalf ready for the inspection of the parties on the. first day of July, 1979. And lastly, it is ordered that this suit stands adjourned for making final decree after the 1st day of July, 1979. Mr. Akhtar Hussain Advocate has been appointed as Administrator and the above directions are given with the consent of the learned counsel for the plaintiffs and defendants Nos. 2 and

3. Order accordingly.