1989 PLP 4593 (MLD)

G. Raymond for Respondent. Date of hearing: 28th February, 1988. The petitioner has applied for grant of letters of administration in respect of the property which originally belonged to Joseph Mantero son of Montero who died at Karachi on 23-6-1967. This property on the demise of Joseph Montero devolved on his wife Mrs. Julie Montero and two sons Sebastain Montero and William Montero and two daughters Mrs. Patricia de Souza and Mrs. Myrtle Lobo. Mrs. Julie Montero also died on 4-9-1976 and on her demise her share also devolved on the two sons and 2 daughters of Joseph Montero which is already mentioned above. Out of the two sons of the deceased Joseph Montero, Sebastain Montero died on 22-6-1986. It is stated in paragraph 10 of the petition that the deceased Sebastain Montero at the time of his death left behind a Will which is in possession of William Montero but the said Will has neither been disclosed nor its contents were communicated to the petitioner. The petition is supported by Patricia de Souza the other sister of the petitioner while it was initially opposed by next of kin No. 4 William Montero. It is however, not disputed that upon the death of Joseph Montero and his wife Julie Montero the property devolved in equal shares on the two sons and two daughters of the deceased. The objection raised by next of kin No. 4, however was that as no probate of the Will executed by Sebastain Montero has been granted by the Court his estate is unrepresented in the proceedings and accordingly no letters of administration can be issued in this case. On 6-12-1987 after hearing the learned counsel for the petitioner and Mr. G. Ramond for William Montero directed Mr.G. Raymond to place on record a copy of the Will alongwith original documents in Court on 20th December 1987. Accordingly, the original Will was produced and from reading the same it was established that late Sebastain Montero appointed William Montero as the executor of his Will and has bequeathed his own share in the property in favour of William Montero. Upon reading of the above Will a direction was issued to the petitioner and other heirs to file affidavit to the effect that whether they accepted the Will as correct or not. The petitioner then filed an affidavit dated 6-2-1988 in which she accepted the correctness of the contents of the Will by Sebastain Montero in favour of William Montero and prayed that she has no objection if William Montero is appointed as the executor of the Will. Learned counsel for the petitioner also agreed at the hearing of this petition that in case William Montero has any objection to the appointment of the petitioner as the administrator of the property the Letters of Administration may be issued in his favour alongwith a probate of the Will of the late Subastain Montero. Learned counsel for William Montero at the first instance agreed to the above suggestion of the learned counsel for the petitioner but later on withdrew his claim and stated that his client is not in a pose ion to furnish the security required for issuance of letters of administration and accordingly prayed that the petitioner may be appointed as administrator of the deceased but simultaneously a probate be issued m favour of William Montero in respect of the Will proved in Court as having been executed by Sebastain Montero. Learned counsel for the petitioner did not oppose the above request and accordingly by consent of the parties I pass the following order:-- (1) That William Montero is granted probate of the Will dated 24-3-1986 executed by Sebastain Montero in his favour and such probate may be issued in favour of William Montero on execution of personal bond. (2) That as a result of the appointment of William Montero as the executor of the Will of the late Sebastain Montero the estate of deceased Sebastain Montero is now fully represented and as there is no objection to the issuance of the letters of administration in favour of the petitioner the same is granted. Letters of administration may be issued to the petitioner on execution of personal bond with one surety equal to the value of the property of the deceased.?? H.B.T./J-84/K? Order accordingly.