1988 PLP 564 (MLD)
Mrs. FARIDA MEHTA and 2 others‑‑Applicants Versus PUBLIC AT LARGE‑‑Respondent
| Citation | 1988 PLP 564 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Ajmal Mian, J |
| Parties | Mrs. FARIDA MEHTA and 2 others‑‑Applicants Versus PUBLIC AT LARGE‑‑Respondent |
| Primary Law | Succession Act (XXXIX of 1925)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 564 (MLD)?
This judgment primarily cites: Succession Act (XXXIX of 1925)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 564 (MLD)?
The case was heard and decided by the Karachi bench comprising: Ajmal Mian, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 564 (MLD) (Mrs. FARIDA MEHTA and 2 others‑‑Applicants Versus PUBLIC AT LARGE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondent.
- Date of hearing: 31st May, 198'7.
Headnotes / Summary
‑‑‑S. 301‑‑Discharge of executors named in the will of deceased and appointment of new executors‑‑Application for‑‑Notices of application published in newspapers and pasted on Court Notice Board‑‑No notice had been issued to individual legates though in the will, number of persons had been named as legatees‑‑Petitions for discharge of executors named in the will and for appointment of new executors were allowed by Court subject to condition that those legatees who were not parties to such petitions would be entitled to file application for review of such order‑‑Executors named in will were discharged subject to condition that they would be liable to file statement of accounts up-to-date while handing over charge to new executors and that new executors would file statement of accounts regularly as per rules of Court. Iqbal Kazi for Applicants.
Judgment & Decree
Iqbal Kazi for Applicants. Nemo for Respondent. Date of hearing: 31st May, 198'
7. By this common order I intend to dispose of the above two petitions. The first petition has been filed under section 301 of the Succession Act by the two executors for their discharge as acting as the executors in pursuance of will dated 2nd April, 1981, executed by deceased Firoze Ardeshir Mehta. Alongwith the above petition the executors have filed statement of accounts for the period expiring on 31st March, 1987. .
2. Whereas the second petition is also under section 301 of the Succession Act filed by the wife of the deceased Mrs. Frida Mehta, her daughter Mrs. Khurshid A. Minocher and her son‑in‑law Ardeshir Minocher for appointing as new executors in place of the two executors named in the Will. The notice of the first petition has been published in daily English Newspaper `Morning News' on 15th May, 1987, whereas in Urdu newspaper `Nawa‑e‑Waqat' on 21st May, 1987. The notices of the above petition have also been pasted on the Court notice board. No notice has been issued to the individual legatees though in the will a number of persons have been named as the legatees including three petitioners in the second petition. According to the learned counsel for the petitioners there is no legal requirement to issue any notice of the above petitions to the other legatees who are not parties to the above petitions. I allow the above two petitions subject to the condition that it will be open to the other legatees, who are not parties to the above petitions to file an application for review of this order. The above executors are discharged subject to the condition that they shall be liable to file the statement of accounts uptodate handing over the charge to the new executors and that the new executors shall file statement of accounts regularly as per rules in this Court. A.A./F‑77/K Application allowed.