1. KHAWAJA NAVEED AHMED, J. - This petition for grant of Succession Certificate under Section 372 of the Succession Act, 1925 has been filed by the Petitioner Mst. Farida Amir wife of Amanullah Amir, in respect of the properties left by her deceased brother Dara Feroze Mirza, who had died at Karachi on 15.9.2007. Original death certificate is filed alongwith the petition.
2. The deceased at the time of his death has left two sisters as legal heirs namely Mst. Meher Afroze new aged about 75 years and Mst. Farida Amir now aged about 64. Years. The deceased was subject to Shia Sect of Islam and governed by his personal law.
3. Petitioner Mst. Farida Amir is present in Court, while Mst. Meher Afroze has given her power-of- attorney to Mr. Owais-ul-Mustafa s/o Muhammad Idrees. She has no objection if this petition is granted in favour of the Petitioner as prayed. The deceased was not married.
4. Two independent witnesses namely Owais-ul-Mustafa S/o Muhammad Idrees and Syed Tayyab Raza S/o Syed Basharat Hussain are present in Court and they verify on oath that deceased had no other legal heir except mentioned in the petition.
5. Since there are only two legal heirs one of them is Petitioner while other has sworn an affidavit of no objection stating therein that Succession Certificate may be issued in favour of the Petitioner.
6. Notices of this petition have been issued. Publication has been done. The deceased had left no Will, All legal formalities in respect of grant of Succession Certificate have been completed by the office.
7. No objection has come from any quarter. There are no impediments in grant of Succession Certificate to the Petitioner in respect of the properties shown in the schedule of property.
8. The Succession Certificate is ordered to be issued according to rules in the name of the Petitioner Mst. Farida Amir.
9. SMA No. 73/2008 is disposed of.