1990 PLP 323 (MLD)

Date of hearing: 8th October, 1989. The petitioner has filed this petition for grant of letters of administration in respect of the properties left by her father Irshad Hussain Baqai who died on 16‑6‑1980 and her mother Mukhtar Baqai who died on 20‑6‑1986 as is borne out by the death certificates filed with the petition. Besides the petitioner the only other next of kin is Javed Baqai the son of both the deceased. The properties left by both the deceased are mentioned in Annexure 'C' to the petition. Properties at serials Nos.l, 2, 3 and 4 are in the joint name of both the deceased. Property No.8 is also joint in the name of both the deceased and the petitioner. The properties at serials No.5 and 6 arc in the name of Irshad Hussain Baqai whereas property at serial No.7 is in the name of Mrs. Mukhtar Baqai. Question arises whether one letter of administration can be granted in respect of the estate of two deceased who died on two different dates though they were husband and wife and their next of kin are common. From the brief facts stated it is clear that both the deceased have left only two next of kin and that majority of the properties were in the joint names of both the deceased except three properties. The provisions of law under which letter of administration is granted do not specifically prohibit one. grant in respect of two deceased. However, it can be deduced that normally the letters of administration may be restricted in respect of the estate of one deceased which can be granted to one or more persons. This seems to be reasonable as the grant relates to the administration of property and also its distribution amongst the next of kins. One grant in respect of the estate of two deceased is likely to create complication and confusion particularly if there are several and different next of kins and properties left by the deceased persons. In such a situation separate letters of administration should be granted to one or more persons. It should, however, be noted that as no specific prohibition has been laid down by law in respect of grant of one letters of administration for the estate of two deceased, in exceptional circumstances the Court may exercise discretion in granting such letters of administration. Where the decision is left to the discretion of the Court then subject to mandatory or prohibitory provisions, it should be exercised to do complete justice and to advance the remedy. This principle was followed in Mrs. Safia Khanum and others v. Abdul Haq Khan and others PLD 1968 Dacca 952 while granting two succession certificates where it was observed: "To lay down a limitation in the granting of a certificate where there is none in the statute might involve denial of justice in some cases. Courts should have unfettered discretion to do complete justice in a matter unless the law imposes a limitation. In this case no limitation regarding number of certificates can be imposed as, we are of opinion, that no such prohibition is laid down by law. A Court has to decide after all relevant considerations as to whether or not it would be in the interest of justice to grant more than one certificate in a case where there is more than one applicant for the same. The Legislature appears to have left the matter to the discretion of the Judge who is empowered to issue more than one certificate by reason of subsection(3) of section 372." The foremost consideration is whether it will serve the interest of justice to grant one letter of administration in respect of more than one deceased. Such grant can be made in exceptional cases. The facts of this case are exceptional in nature The husband and wife died within a span of four days. Out of eight properties six are in the joint names of the deceased. These properties are bank accounts, lockers in a bank, NIT units and share certificates. Only the house is in the name of Mrs. Mukhtar Begum while 1CP certificates are in the name of Mr. Irshad Baqai. The next of kins are common persons who have inherited the entire estate of both the deceased. The applicant for the estates of both the deceased is one person. In such circumstances it will be just, proper and convenient to grant one letter of administration for the estate of two deceased persons. It may, however, be observed that in cases where there are different deceased persons who have died leaving different properties in their separate names, and various next of kins who are not common it would be just and proper to file separate applications for the estate of each deceased. Notice of this petition was published and no objection has been filed. The other next of kins has filed his affidavit of no objection I therefore, grant letter of administration in the name of Miss Seema Baqai according to Rules subject to furnishing one security instead of two and executing a personal bond. H.B.T./M‑900/K Petition allowed