2009 PLP 2181 (YLR)

MUNIB AHMAD KHAN, J.

Learned counsel for DHA has appeared and filed a procedure for transfer of plot and has pointed out that condition `j' requires Letter of Administration from Court, in case of single male heir, daughters only, minors and in case of any dispute. He submits that in all other cases there is a procedure for transfer of property in the names of the legal heirs when a heirship certificate is issued by Justice of Peace/Nazim concerned or First Class Magistrate. He submits that all efforts are being made to facilitate the legal heirs. It has been observed in various cases coming for letter for Administration that KDA, Survey Office, CDGK and Cooperative Society are maintaining their rules and regulations for mutation and transfer of the properties in the names of legal heirs. condition of Letter of Administration by the DHA in case of single male heir, daughters only, minor is not being supported by any law nor same is proper hence DHA should make arrangement for transfer of the property even in these cases. It his been observed that DHA is also keeping a record of legal heirs of the owner of a property, hence it will be easier for it to solve the issue of mutation as early as possible. At the most, and to cover DHA's apprehension it is advised that after mutation of property in the name of legal heir it may keep that property in watch and should not effect further transfer for reasonable period keeping in view facts and circumstances of each case. This Court, while granting Letter of Administration and Succession Certificate rely on the affidavits of the petitioner and the witnesses and have no data or record to discover as to whether any of the legal heirs has been concealed or not and considering the statements, of the petitioner and the witnesses, Letter of Administration and Succession Certificate are granted against security which is retained for about a year. Indeed, there may be some dispute but they are rare and seldom, therefore, for the purpose of forestalling that seldom dispute a large number of persons cannot be put in trouble. It is further noted that DHA is receiving quite handsome amount from its members in different heads including its membership and its renewal from time to time while certain amount is also taken towards ground rent and mutation of the property therefore as a rule of law and equity it is obligatory on this statutory body to perform, its functions and make proper procedure for mutation of property in the name of legal heirs instead of shifting the burden to the Court. Indeed, there may be some complicated issues which may be referred to the Court. In such a situation, it is ordered that DHA to take care of transfer of the property of a deceased in the names of the legal heirs by calling two witnesses of repute, who know the deceased, and thereafter retain the property for a reasonable period depending on the circumstances of each case without its further transfer. It is also directed that before transfer in the name of legal heir, a public notice may be published in the newspaper at the cost of applicant like this Court do in the matters of letter of Administration. It is also directed that since several petitions are being filed for Letter of Administration in respect to properties in DHA and the counsel as well as the petitioners show their ignorance about the rules of transfer, therefore, DHA after amending its rules, as directed above, may publish the same in newspapers (one English and one Urdu) of the city within 15 days hereof of facilitate the general public. Petitioner is directed to approach the DHA as according to its learned counsel, case will be take up for mutation. As this petition also prays for the grant of succession certificate in respect to debts and securities of deceased Syed Shahid Iqbal in favour of petitioner Nurlsubah. Names of the legal heirs are mentioned in para 12 of the petition; Along with the petition, Schedule of properties has also been filed. Legal heir Ammara Shahid is a minor, for whom the petitioner has been appointed as guardian ad litem as per order of the Deputy Registrar (CS) dated 26-3-2009. Notice of the main petition was published in daily `Jang' Karachi on 25-2-2009. Two witnesses A. Aziz H. Ebrahim and Noor Muhammad Dawood have filed their affidavits in support of the claim of petitioner. Legal heir Ammara Shahid and both the above named witnesses were present before this Court on 2-4-2009 and their presence was dispensed with. No objection has been received from any quarter. In the circumstance, there is no impediment in the grant of Succession Certificate in favour of the petitioner. Accordingly, Succession Certificate is issued in favour of the petitioner but subject to rules. Petition stands disposed of in the above terms. M.H./N-20/K Application allowed.