Letters of Administration

2017 PLD 56 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 278Constitution of Pakistan, Art. 199Constitutional petitionMaintainabilityLetters of administrationLimitationExpenses, on improvements in property in question and upon marriages of children of deceased, recovery of

Letters of administration under S.278 of Succession Act, 1925, was issued by Trial Court in favour of legal heirs of deceased owner of suit property

Petitioners assailed the letters of administration on the plea of its being barred by limitation and for recovery of expenses made by their predecessor-in-interest on improvements in property in question and upon marriages of the children of deceased

Validity

Under law/Sharia no co-owner could expel or otherwise deprive to inherit properties to other co-owners much-less, on the point of limitation and/or the principle of res judicata

Legal heirs of deceased inherited property left behind with all those rights which deceased had in it

In case of any defect in title, legal heirs would also inherit the properties with such defect

If any mutation was made in the names of legal heirs of deceased, then too the defect, if any would remain intact as it was

Each and every legal heir till distribution of properties also remain co-owner in each and every inch of the properties left behind by a deceased

Petitioners did not bring on record any proof vis-a-vis spending of any huge amount on construction, marriages of three sisters and or on maintaining respondent

Court, in the matter pertaining to letter of administration, was only required to determine question about assets/properties, left behind by deceased and inherited by legal heirs only

High Court in exercise of Constitutional jurisdiction declined to interfere in order passed by Trial Court

Constitutional petition was dismissed in circumstances.

2014 CLC 599 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 278 & 372Letters of AdministrationNon-contentious matter

Petition for grant of Letter of Administration in respect of movable and immovable properties of deceased by son of deceased

Succession petition had been duly published in Daily newspapers, and two independent witnesses had also sworn in their affidavits that no other legal heirs of the deceased existed except those present before the Court

Legal heirs of deceased had also submitted affidavits of no objection in favour of the petitioner/son of the deceased

Held, that matter was non-contentious and under such circumstances, the petition was allowed and Letter of Administration was ordered to be granted to the petitioner in respect of the properties and estates left by the deceased, conditional upon the petitioner furnishing one surety

Succession petition was allowed, accordingly.

2014 PLD 10 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 263 & 278Letters of AdministrationApplication for revocation ofLimitation

Mere delay in making such application would not be bar to revocation in absence of any finding of acquiescence or waiver.