' This suit has been brought by the plaintiffs for the administration of the estate of their daughter Dr. Altaf Begum Shapero. The relevant facts may be briefly stated as under : ' It is the case of the plaintiffs as stated in the plaint that the plaintiff No, 1 is the father and Plaintiff No, 2 is the mother and defendants Nos, 2 and 3 are the daughters of Dr. Altaf Begum Shapero who died in Karachi within the jurisdiction of this Court on 11-11-1977 when she was on a training fight on "CESSNA" a small aeroplane of Karachi Aero Club as an under-training pilot during the night when the said plane fell down and crashed near the Karachi Airport. She was buried in PECHS graveyard which is exclusively meant for Muslims. ' Dr. Altaf Begum Shapero was a specialist Obhatetrician and gynaecologist and lady surgeon in Liaquat National Hospital, Karachi. She has been living in Karachi since 1973.
' Dr. Altaf Begum was married to Mr. G. D. Shapero but was divorced on 2-5-1973. Out of said wedlock two daughters, defendants Nos, 2 and 3 were born.
' She had executed a will (Exh. P19) on 18-6-1973 in favour of Royal Trust Corporation of Canada in respect of her movable and immovable properties and had also appointed by the same will her brothcr Muhammad Sultan Malik and his wife Ishtiaq Fatima Malik as the joint guardians of the persons of defendants Nos, 2 and 3. The will was executed in Swift Current, Saakatchewan, Canada.
' The plaint further states that deceased left debts/securities/shares/ Insurance Policies and Traveller Cheques in Karachi, in several cities in the Provinces of Canada, in several cities in the United Kingdom, in Bridgetown, Barbadeon, West Indies, and in Singapore. Particulars of these properties have been given in the Schedule Exh. P/6, and the liabilities are shown in Exh. P/7.
' The plaintiffs have claimed shares in these assets including debts/ securities, shares, insurance policies, etc. In accordance with Sunni Hanafi Muslim Law, by which the deceased was governed and have further claimed that the will dated 18-6-1973 is not valid and is not binding on the plaintiffs and as such the will is inoperative in law.
' The defendant No, 1 who were appointed as executors of the will (Exh. P/9) by the deceased have not acknowledged the summons addressed to them at their proper address through registered post as required under Order V, rule 25, C. P. C.
' The defendant No, 1 did not enter appearance in Court although they have clearly expressed their knowledge of the pendency of this suit in this Court in their letter (Exh. P/11) dated 23-8-1978 addressed to Mr. S. Nasiruddin, the plaintiff's Advocate. This letter also gives their correct address on which address the summons have been sent to them through post at several times which the defendant No, I have failed to acknowledge. Under section 27 of the General Clauses Act, 1897 summons sent by registered post would be deemed to be sufficient service, if the envelope containing summons is addressed properly. Postal receipt No, 182 dated 14-10-1978 (Exh. P/I2) under which the summonses were sent to the defendant No, 1 has been produced. The summonses have not been returned. Therefore, a presumption of law arises that the summons have been received by the defendant No, 1 and service on them is deemed to have been duly effected and it has rightly been ordered that the suit must proceed ex parte against the defendant No, I. A date was fixed to give them a further chance for filing written statement on 25-11-1978 which was not availed of by the defendant No, I. The matter was therefore fixed in Court for further proceedings on 5-12-1978.
' The defendants Nos, 2 and 3 have not denied the shares which the plaintiffs are entitled under Muslim Law of Inheritance according to Sunni Hanafi School of Jurisprudence. However, they have also pleaded that under Muslim Law the deceased was competent to give away only 1/3 of her entire estate.
' The following issues are entitled by the Court on the suggestions with the consent of the learned counsel for the plaintiffs and defendants Nos, 2 and 3 :-
(1) Whether Dr. Altaf Begum Shapero was a Sunni Hanafi Muslim and if so, whether the law of the country of domicile at the time of her death will apply to the administration of the estate of the deceased.
(2) Whether the will dated-18-6-1973 is valid and binding on the Plaintiffs, if so, what is its effect ?
(3) What law should apply to the administration of the estate upto the point of distribution ?
(4) What are the total assets and liabilities left by Dr. Altaf Begum Shapero deceased in Pakistan or Ex-Pakistan ?
(5) What should be the shares of the Plaintiffs and of defendants Nos, 2 and 3 in the estate left by the deceased ?
(6) Whether defendants Nos, 2 and 3 through their joint guardians are in control of Management of the properties left by the deceased ?
(7) Are the defendants 1, 2 and 3 liable to render accounts as prayed by the plaintiffs ?
(8) What should the decree be ? Now, I proceed to consider the issue. Issue No, 1 : ' That Dr. Altaf Bugum Shapero is shown as a Muslim in the application for admission to Canada dated 27-11-1976 (Exh. P/2). This application bears her signature and the signatures on (Exh. P/2) and will (Exh. P/9) clearly show that both the signatures are of one and the same person. The comparison of the signatures is permissible under section 73 of the Evidence Act. She, according to the Death Certificate (Exh. P/4), is also shown as a Muslim and she was buried in P. H. C. H. S. Graveyard per (Exh. P/5) which is exclusively meant for Muslims. It is stated in the plaint that deceased belonged to Hanafi Sect of Muslims. This is not denied by defendants Nos, 2 and 3 in their written statement. In fact, they have stated in the written statement that they are also Hanafi Muslims.
Even otherwise, it is settled that in this country, in the absence of any evidence to the contrary, a Muslim is presumed to belong to the majority B sect of Muslims which in Pakistan is the Sunni Hanafi Sect. Therefore, there cannot be any doubt in holding that the deceased was a Sunni Hanafi Muslim. Accordingly, I hold that she was domiciled in Karachi, Pakistan, and therefore the law of the country of domicile will apply and the estate of the deceased will be administered and distributed in accordance with Sunni Hanafi Muslim Law in force in Pakistan.
' I am fortified in my views by the principles enunciated by Cheshire in his book entitled "Private International Law, VIth Edition", page 550" One of the cardinal rules of Private International Law, as we shall see later, is that the movable property of a deceased person, so far as concerns either testate or intestate succession is regulated by the law of the country in which he died domiciled".
' Therefore, the succession to the estate of the deceased will be governed by the Muslim Law in force and operative in Pakistan.
' Issue No, 2 : The will dated 18-6-73 (Exh. P/9) is invalid and not binding on the Plaintiffs and inoperative in law inasmuch as it has been made in favour of Sina Yasmin Shapero and Muna Rochello Shapero who are daughters of and heirs to, Dr. Altaf Begum Shapero deceased who has executed the said will.
The Muslim Law is very clear on this point which lays down that no bequest by will can without the consent of either heirs after the death of the testator be made to an heir. See Article 117, p. 123 oft Mulla's Principles of Mohammadan Law by M. Hidayatullah, former Chief Justice of India (7th Edition). It lays down : "Bequests to heir. "A bequest to an heir is not valid unless the other heirs consent to the bequest after the death of the testator". This principle has been upheld by the Supreme Court of Pakistan in Ihsan Ilahi v. Hakam Jan . The Supreme Court of Pakistan, speaking through, Cornelius C. J. Has observed at page 211. "A will in favour of an heir requires the consent of all the other heirs to be valid in Muslim Law, and here no consent is shown."
' In the present case also the will dated 18-6-73 (Exh. P/9) has been made in favour of heirs and the Plaintiffs, as other heirs, have not given their consent to the will (Exh. P/9). After the death of the testator. The will (Exh. P/9) is therefore, invalid, inoperative in law and not binding on the Plaintiffs and therefore it has to be completely ignored from consideration for purposes of administration of the estate of the deceased. Issue No, 3 : ' What law would apply to the administration of the estate of the deceased upto the point of distribution, I would, in this connection, refer to rule 92 from Dicey & Morris on "the Conflict of Laws", 8tth Edition which reads as follows :- "Rule 92.-The administration of deceased person's assets is governed wholly by the law of the country from which the personal representative derives his authority to collect them."
' The learned authors in support of the rules have placed reliance on Preston v. Melville . Re : Loobo , Lorillard , Charran v. Montreal Trust Co. . However, the above rule is to be read in conjunction with the provisions of rule 93 mentioned in the aforesaid book which read as follows "Rule 93.-A grant of representation or other authority to represent a deceased person under the law of a foreign country has no operation in England : ' Provided that--
(1) The foreign personal representative of a person who died domiciled out of the United Kingdom may recover money payable in England in respect of policy of life insurance effected by the deceased ;
(2) A person who has a grant of representation or otherwise has authority to represent a deceased person under the law of a foreign country where the deceased died domiciled may apply to the1 2 3 4 5 Court for an order for the transfer to him of the net balance of assets under the English administration but is not entitled as of right to such an order ;
(3) A foreign personal representative has a good title in England to any movables of the deceased (whether tangible, i,e,, goods, or intangible, chosen in action) to which he has in a foreign country acquired a good title under the lex sites and reduced its possession."
' Issue No, 4 : ' The plaintiffs have filed a sche dule of liabilities which is marked as Exh. P/7 and also schedule containing the details of the agents left by the deceased Dr. Altaf Begum Shapero in Pakistan, Canada, United Kingdom, Singapore. And West Indies. This schedule is marked as Exh. P/6 and is reproduced herein below in full. The defendants Nos, 2 and 3 have not challenged the same.
However, it will be open to the administrator to find out what agents the deceased has left and what properties are incumbered as per direction given hereinafter. {{TABLE}} PAKISTAN Description and date of S. No, Name of Debtors Amount of Instrument if any by which debts the debt is secured 1 3 4
1. Habib Babib Ltd.
C. C. B. Branch Saddar, Karachi
1. United Bank Ltd.
P.
1. A. Colony Br.
Karachi
1. Habib Bank Ltd. P. I. A. Colony Br. Karachi
2. United Bank Ltd. Colony Bazar Branch Adamji Nagar,,Karachi
3. Muslim Commercial Bank Ltd. Tippu Sultan Road, Adamji Nagar, Karachi
4. Liaquat National Hospital Stadium Road, Karachi Rs, 36,813.27 9,508.32 8,000.00 8,034.64 5,233.00 26,941.60 F/D A/C No, 5768-4 Balance as on 26-12-77 in the name of Dr. A. B. Shapero.
F/D A/C No, 6746 Balance as on 10-12-1977 in the name of Dr. A. B. Shapero.
Fixed Deposit Account P. R. No, PAA 214666 dated 8-1-1977 in the name of Gian Yasmin Shapero minor daughter of Mr. A. B. Shapero (Guardian).
S/B Account No, 904-0 Balance as on 12-12-77 in the name of Mr. A. B. Shapero.
S/B Account No, 592 in the name of Dr. A. B. Shapero.
1. Outstanding salaries 2.
Rs, 5,100.00.
3. Group Insurance Rs, 18,000.
4. Operation fee, etc. With hospital 740,50 of Dr. A.B. Shapero.
5. Hillman Hunter, 1-2-1726 Model 73 Horse No, 1726 Engine and Chasis No, 30640,4339.
1. Habib Bank Ltd., P. I. A. Colony Branch Karachi (Minors A/C)
18,000 Registered in the name of Dr. A. B. Shapero.
1,500 1. S/B. Account No, 9846 in the name of Gian Yasmin Shapero.
2. S/B. Accouut No, 8941-3 in the name of Muna Rochelle Shapero.
3. S.B. Account No, 13384-8 in the name of Rohaila Yasmin Malik Guardian Dr. A. R. Shapero deposited by her on their behalf.
3 4
9. Pakistan International Air Lines, Karachi
10. The Karachi Aero Club Ltd., Karachi
11. Medicare Clinic. Shaheed- Mil I at Road, Karachi
12. Trading Corporation of Pakistan, Trust House, I. I. Chundrigar Road, Karachi
13. Stii Gas Ltd., 5th Floor, State Life Building No, 3 Dr. Ziauddin Ahmed Road, Karachi 14.Pak. Petroleum Ltd., PIDC House, Karachi
15. Karachi Electric Supply Corp.. Ahmad House, Abadullah Haroon Road, Karachi
16. Pakistan Steel Mills Corp., State Life Building, I. I. Chundrigar Road, Karachi
17. Pakistan Medical Research Council Karachi Rs, 27,457.00 For services rendered to P. I. A. Personnel from October, 1976 to 11th November, 1977 by Dr. A. R. Shapero.
9,000.00 Flying Deposit by Dr. A. B.
Shapero.
4,100.00 1. Professional fee Rs, 1,000.
2. Cost of Equipment and furniture Rs, 300.
3. Cost of weighing machine speculem, etc. Rs, 700.
4. Cost of writing table, almirah, wooden cupboard valued at Rs, 1,700.
5. Two wall paintings valued at Rs, 400 due to Dr. A. B. Shapero.
1,300.00 Bills for professional services rendered by Dr. A. B. Shapero.
120.00 Bills for professional ser- vices rendered by Dr. A. B. Shapero.
120.00 Bills for professional ser- vices rendered by Dr. A.B. Shapero.
60.00' ............................................ Do.........
60.00 ............................................ Do.........
60.00 ...d Rs, 9,044.19 Account No, 5046-917 in the name of Dr. A. B. Shapero.
1 3 Rs, Telephone No, 436919 at 7-Bahadur Yar king Coop. Housing Society Opp. A mir Khosro Road, Karachi in the name of Dr. A. B Shapero.
Telephone No, 76547 at Haroon Chambers, Road No, 2-3rd Floor Abdullah Haroon Road, Karachi, in the name of Dr. A. B Shapero.
11,800.00 1. 10 U S A Travellers Cheques No, S.B.
7604.986 to A.
1. 76345.926 of the value USA 1000 in the name of Dr. A.B. Shapero.
18. General Manager Telephones, Karachi Telecomm. Region Telephone House, Karachi
19. Do
20. American Express Company I. I. Chundrigar Road, Karachi CANADA S. No, Name of Debtors Account of Description and date debt includ- of Instrument if any by ing interest which the debt is secured. On the date of filing of suit.
1 2 3 4
1. Bank of Montreal, Shoppers Park Westamount 348 Shoppers Park. Westamount P.
0. Box No, 3620, Simentan, Aite, 1511217 (Canada)
1. The Royal Bank of Canada P.
0. Box No, 430, Swift Current, Saakatchewan (Canada)
2. Do
3. Do 340.70 Personal chequing Account No, 593-371-1 in the name of Dr. A. B. Shapero.
840.58 Saving Account No, 753- 018 in the name of Dr. A. B. Shapero.
3,000.00 Terms Deposit No, 1039373 in the name of Dr. A. B. Shapero.
3 4 5, The Royal Bank of Canada P.
0. Box No, 430, Swift Current, Saakatchewan (Canada)
6. Baton's Credit Office, P.
0. Box No, 2800 Winnipeg, Manitola R 3 C 301 Canada
7. The Royal Bank of Canada Bank Office, building Box No, 4001, Montreal Quebec, 113C, 3A9 Canada
8. Wastern Savings & Credits Union Ltd., 168, Avenue A.N. Swift Current Saskatchewan(Canada)
9. Do
10. Western Savings & Credits Union Ltd., 166, Avenue N. K. Swift Current Saakatchewan (Canada)
11. Growth Investment Ltd., 1957 Alta Vista Drive, Ottwa's Ontario, KIG QOB
12. The Royal Trust Company 700 the Dome Tower Torento Dominion Square, Calgary, Alberta (Canada)
13. Investors Syndicates Ltd., 230 Broadway Winnipeg, Canada, 13C 316
14. Peslerton Securities Ltd., Box No, 49150, Three Dental Centre, Vanconver I. C. 7 (Canada)
Rs, 2.000,00 Terms Deposit No, 1039874 in the name of Dr. A. B. Shapero.
702.00 Account No, 349 426 41 in the name of Dr. A. B. Shapero.
300.00 Certificate No, 1160903-1
(S) shares of Royal Bank of Canada. In the name of Dr. A. B. Shapero.
1,430,03 Share/Saving Account No, 1688011439.03.
500.00 Terms deposit (with in- terest).
1,469.95 Insurance benefits in the name of Dr. A. B. Shapero.
950.95 Acconnt No,. 51269 shares 50.686 in the name of Dr .
A. B. Shapero.
8,310,00 Registered retirement 'Sav- ing plan. Cash 1,877.10. 50 shares Inco. Ltd. 9000 Woodward Stores Ltd. Debetures, 1000 Nuwest Development Corporation Debentures in the name of Dr. A. B.
Shapero.
8,729,25 Account No, 1300-22807.
Issuing Company. Investers Japanese Growth Fund Limited in the name of Dr. A. B. Shapero.
914.06 Account No, 75-761-S-05 Income account in the name of Dr. A, B. Shapero.
15. Penterton Securities Ltd., 929 355 8th Avenue, S. W. Calgery, Alberta T2P-109.
16. Penterton Securities Ltd. 920 365 8th Avenue, S. W. Calgary, Alberts T28-109
17. Do
18. Great West Life, Co., Osborne Street, North Winnipeg, Manitole R3C 3AS Canada 19.. Great West Life Co., Osborne Street, North Winnipeg, Manitola R3C 3AS Canada 20, Great West Life Co., Ostorne Street, North Winnipeg, Manitola R3C 3AS Canada
21. ....... Do......
1 2 3 Rs, 9,000.00 746.90 1,039.65 6,856.51 4000.00 Per Value Wood- ward Stores, Ltd., 5000.00 Per Value D. C. Telephone Co.
Cash Balance.
Royal Tract Company 663000 in the name of Dr. A. B. Shapero.
Policy No, 1701/743 in the name of A. B. Shapero.
10,662.06 Policy No, 1943 729 (The proceeds of Policy No, 1943 729 and 1701 743 have a registered retirement plan of the value of 9,766.68 in the name of Dr. A. B. Shapero.
4,000.00 Policy No, 1701 744 for Gina Yasmin Shapero-Minor.
4000.00 Policy No, 1701 745 for Muna Rochelle Shapero-Minor daughther of Dr. A. B. Shapero.
P. Bank of Montreal Drumbeller Alta, TOJ 0Y0
23. Torento Dominion Bank, 3487 Kingston Road and Markhen, Road Scarlorough, Osterio, Canada
24. The Royal Bank of Canada, Box No, 1203 Thomson, Manitoba, Canada
25. 'Page' The Cleaner & Supplier Ltd. 13036-97 St. Edmonton 30, Alta Canada
23. Wayburn Cooperative Association Ltd. Wayburn Sec. Katchewan, Canada 160.10 The Saving Account No, 73668 in the name of Dr. A. B. Shapero.
Value un- Key No, 26, Safety De- ascertainable posit Box No, 293 in the name of Dr. A. B. Shapero. ...Do... Key of Locker No, 3835 Box No, 368 in the name of Dr. A. R. Shapero. ...Do... Bank Contract No, P22277 Storage A-1006/1977 in the name of Dr. A. B. Shapero.
Value un- One Share No, 1651 issued ascertain- in favour of Dr. A. B. able Shapero.
UNITED KINGDOM 1.
91.81 Account No, 0027-95-1
2. In the name of Dr. A. B. Shapero.
3.
139.85 Account No, 010/B/ 0989 4.
35.M. In the name of Dr. A. B. Shapero.
5. Lloyds Bank Ltd., 14 High Street Sutton Coldfield West Midlands B-72 MU United Kingdom
1. Bradford & Bingley Building Society, P.
0. Box 2, Bingley West, Yorkshire, E D 16 2 LW United Kingdom 2.
3.
670.76 Account No, 010/P 244468. J. In the name of Dr. A. B. Shapero.
4.
840.00 Account No, 010/E/ 014915 in the name of
5. A. B. Shapero.
6.
114.66 Account No, 010/P/ 348708 J. In the name of Dr. A. B. Shapero.
7. 1,518.00 Policy No, 1837907 in
8. The name of Dr. A. B. Shapero.
9. -do- 10.
5. --do--
6. Norwich Union Life 7.
Insurance Society, P.
0. Box No, 4, Surrey Street, Norwich N R 1 310 United Kingdom. -do- 67.01 Policy No, 1837908.
At present 67.01 due and payable 173.00 is due on benefit date, i,e, 2.6.1986 in the name of
8. Norwich Union Life 9.
Insurance Society, P.
0. Box No, 4, Surrey Street, Norwich ER1 3ng United Kingdom.
10. Accountant General Bank of Ireland, Dublin.
Dr. A. B. Shapero.
94.60 Policy No, 1838602. At present .94.60 is due and payable. .182.00 is due on benefit dated, i. e.
2.6.1987 in the name of Dr. A. B. Shapero.
5.00 Prize Bond D200585 One Unit, in the name o Dr. A.B. Shapero.
WEST INDIES ,
1. Canadian Imperial Bank of Commerce P.
0. Box No, 405, Bridge Town. Barbados (West Indies).
BDS $263.58 Savings Account No, 1263 in the name of Dr. A.B Shapero.
1 2 3 Account No, 143732 in the name of Dr. A. B. Shapero.
2. Barclays Bank Inter- 114. 64 national Ltd. P.
0. Box No, 301, Broad Street, Bridge Town Barbados (West Indies).
Current Account.
908.35 No, 934 in the name of Dr. A.B. Shapero.
SINGAPORE Habib Bank Limited Grand Building Phillips Street, Singapore. {{TABLE}} ' Issue No, 5 ' The plaintiff No, 1 is the father and plaintiff No, 2 is the mother and defendants Nos, 2 and 3 are the daughters of Dr. Altaf Begum Shapero deceased. According to Muslim Law they are entitled to shares as follows. (See Muhammadan Law by Mulla). {{TABLE}}
(1) Plaintiff No, 1.
(2) Plaintiff No, 2.
(3) Defendant No, 2.
(4) Defendant No, 3.
1/6th share. 1/6th share. 1/3rd share. 1/3rd share. {{TABLE}} ' The plaintiffs and defendants Nos, 2 & 3 are therefore, entitled to get their respecthe shares from the estate of the deceased after the deduction of the liablities.
' Issue No, 6 ' Mohammad Sultan Malik brother of the deceased and Ishtiaq Fatima Malik wife of Mohammad Sultan Malik the joint guardians of the person and properties of the defendants Nos, 2 and 3 have been appointed as joint guardians under section 7 of Guardians and Wards Act, 1890 by order dated'29-5-1978 (as amended subsequently) by the District Judge, Karachi. A photostat copy of the certificate order which has been made during the pendency of the present administration suit is Exh. B/2. They therefore, are deemed to be in control and management of the properties left by the deceased (all movable) in Pakistan and Ex-Pakistan.
' Issue No, 7 ' The joint guardians to defendants Nos, 2 and 3 are in control and management of all the properties left by the deceased in Pakistan and Ex-Pakistan and they are required to render accounts for the purpose of administration of the suit properties and for distribution thereof in accordance with Muslim Law.
' Issue No, 8 : ' Accordingly, it is ordered that there shall be a preliminary decree in the plaintiff's favour as under :-
(1) That the estate of Dr. Altaf Begum Shapero deceased consisting of properties mentioned in Exh.
P/6 and reproduced under issue No, 4 hereinbefore and other properties of the deceased which may come to light may be administered. The plaintiffs and defendants shall be entitled to the net assets in the following shares :- {{TABLE}} Plaintiff No, 1. 1/6 share. Plaintiff No, 2. 1/6 share. Defendant No, 2. 1/3 share. Defendant No, 3. 1/3 share. {{TABLE}}
(2) That costs of the suit may be divided among plaintiffs and defendants Nos, 2 and 3 according to their respective shares.
(3) It is further ordered that Mr. Akhtar Hussain Advocate of 108, Chaudhury Chambers, Dr. Ziauddin Ahmed Road, Karachi is hereby appointed as Administrator to administer the estate of Dr. Altaf Begum Shapero (either directly or through his duly constituted attorney or attorneys) situated within as well as outside Pakistan.
(4) That it is ordered that the following accounts and enquiries be taken and made, that is to say :-
(i) an account of funeral and testamentary expenses.
(ii) An account of movable properties of the deceased which have come to the hands of the joint guardian of defendants Nos, 2 and 3, or to the hands of any other person by her order or for her use.
(iii) That the said administrator or duly constituted attorney or attorneys receive and recover all outstanding debts, securities, shares, insurance policies, travellers cheques and all other outstanding movable properties of the deceased and maintain an account of all the assets and submit statement of assets, income and liabilities, if any, into the Court after every six months till the two minors attain majority.
(iv) It is further ordered that further enquiry be made and account taken, that is to say :--
(a) An inquiry what immovable property the deceased was seized of, or entitled to, at the time of her death.
(b) An enquiry what are the incumbrances (if any) effecting the immovable property of the deceased or any part, thereof.
(c) An account so far as possible of what is due to the several incumbrancers and to include a statement of properties of such of the incumbrancers as shall consent to the sale hereinafter directed.
(5) And that immovable properties of the deceased or so much thereof as shall be necessary to make up the fund in the Court sufficient to carry out the object of the suit be sold with the approval of the Judge free from incumbrances (if any) of such incumbrancers as shall consent to the sale and subject to the incumbrances of such of them as shall not consent.
(6) And it is ordered that the said administrator shall have the conduct of the sale of the immovable properties and shall prepare the conditions and contracts of sale subject to the approval of the High Court of Sind Karachi Pakistan and that, in case any doubt or difficulty shall arise, the matters shall be submitted to the Judge to settle.
(7) And it is further ordered that for the purposes of the enquiries hereinbefore directed the said Administrator will advertise in the newspapers according to the practice of the Court, or shall make such inquiries in any other way which shall appear to him to give the most useful publicity to such inquiries. The said administrator shall take all necessary steps to apply for and obtain ancillary administrations of the estate of the deceased in such foreign jurisdictions in which the said estate, or part thereof may be locally situate, and further to take all such steps as may be necessary to take possession of the whole of the deceased's estate.
(8) That the administrator shall determine the extent and value of the properties of the estate of the deceased at the time of her death within and outside Pakistan.
(9) And the said administrator may appoint the attorney and attorneys delegating such powers as are necessary for the administration and management of the estates left by the deceased in the Provinces in Canada and United Kingdom and/or to apply to the competent authorities or Courts for appointment of Administrator-General or such other officer or authority as the laws of those countries require.
(10)That the said administrator shall, unless otherwise directed by the Court, bring within Pakistan all the deceased's foreign assets or the proceeds thereof as may come into their hands and further shall be empowered, subject to the orders of this Court to be given from time to time, to sell, dispose of or transfer, convert or exchange the deceased's movable and immovable properties (if any) or part thereof.
(11)That the said administrator shall also be receiver in the suit and receive and get all outstanding debts, outstanding movable properties and proceeds thereof, of the deceased and pay the same into an account to be opened in the American Express or First National City Bank of America, I. I.
Chundrigar Road, Karachi, and the statements of accounts will be submitted into the Court after every six months. He or his duly constituted attorney or attorneys shall perform all such functions and duties as are performable by the receiver or nominee of this Court under the preliminary decree according to form 17 of Appendix `D' to the First Schedule of Code of Civil Procedure.
(12)And it is ordered that the above inquiries and accounts be made and taken and that all other acts ordered to be done and completed. Within six months and the said Administrator do certify the result of the inquiries and accounts and that all other acts ordered to be done are completed before the 1st day of July 1979 and that the said Administrator do certify the result of the inquiries and the accounts and all other acts ordered are completed and have his certificate in that behalf ready for the inspection of the parties on the first day of July, 1979.
' And lastly, it is ordered that this suit stands adjourned for making final decree after the 1st day of July, 1979.
' Mr. Akhtar Hussain Advocate has been appointed as Administrator and the above directions are given with the consent of the learned counsel for the plaintiffs and defendants Nos, 2 and 3. PLD 1967 SC 200 (1841) 8 Cl. & F 1 (1884) 28 Ch. D 1751 2 3