' AGHA RAFIQUE AHMED KHAN, J.---This petition for grant of Letter of Administration under section 218 of the Succession Act, 1925 has been filed by petitioner Muhammad Siraj Mansuri in respect of the House No,8, Block-III, Jinnah Cooperative Housing Society, K.C.H.S. Union Limited Karachi admeasuring 604 Sq.Yards.
2. The petitioner in his petition has mentioned that their mother Maryam Bai widow of Ghulam Rasool Mansuri died on 15th June, 1996, at the age of 73 years. She left behind the above property and the following legal heirs:--
(i) Mr. Muhammad Siraj Mansuri, son of Ghulam Rasool Mansuri, aged 57 years, Muslim, adult, resident of Flat No,A-12, Rabia City, Block 18, Gulistan-e-Jouhar, Karachi.
(Son)
(ii) Mr. Abdul Karim Mansuri, son of Ghulam Rasool Mansuri, aged 61 years, Muslim, adult, resident of House No,8, Block No,3, Jinnah Cooperative Housing Society, K.C.H.S. Union Limited Karachi.
(Son)
(iii) Mrs. Zubaida Iqbal Mansuri wife of Iqbal Mansuri, aged 50 years, Muslim adult, resident of House No,A-57, Block No,4, Gulistan-e-Jauhar Karachi.
(Daughter)
3. Subsequently legal heir No,2 namely Abdul Karim Mansuri died on 23-4-2005 leaving behind the following legal heirs:--
(i) Mst. Mehtab, widow of late Abdul Karim Mansuri, aged 37 years, House No,8, block No,3, Jinnah Co-operative Housing Society K.C.H.S. Union Limited, Karachi.
(Widow)
(ii) Mr. Zain Abdul Mansuri, son of late Abdul Karim Mansuri, aged 19 years, Muslim, adult, resident of House No,8, Block No,3, Jinnah Co-operative Housing Society, K.C.H.S. Union Limited, Karachi.
(Son)
(iii) Sana Abdul Mansuri, daughter of late Abdul Karim Mansuri, aged 17 years, Muslim, adult, resident of House No,8, Block No,3, Jinnah Co-operative Housing Society, K.C.H.S. Union Limited; Karachi (Daughter)
(iv) Master Hamza Abdul Mansuri, son of late Abdul Karim Mansuri, aged 13 years, Muslim, Minor, resident of House No,8, Block No,3, Jinnah Co-operative Housing Society, K. C. H. S. Union Limited, Karachi.
(Son)
(v) Master Haris, son of late Abdul Karim Mansuri, aged 7 years, Muslim, Minor, resident of House No,8, Block No,3, Jinnah Co-operative Housing Society, K.C.H.S. Union Limited, Karachi.
(Son)
4. Along with this petition an application under Order XXXII, Rule 3, C.P.C. For appointment of Mst.
Mehtab widow of late Abdul Karim Mansuri as guardian of minors Sana and Hamza was also filed.
5. Notices were issued and the same were also got published in daily JANG. Objections were filed by Mehtab Karim Mansuri to the main petition as well as the application under Order XXXII, Rule 3, C.P.C. Stating therein that the Succession Petition was time-barred and that property in question was already gifted husband Abdul Karim Mansuri by his mother Maryam Bai in her life-time but since the original documents lying with House Building Finance Corporation, Gift Deed could not be completed in her life-time. She has further stated that legal heir No,3 had entered into agreement with the objector and received amount Rs,50,000. As balance of the shop.
6. Petitioner Muhammad Siraj Mansuri has filed reply to these objections in which he has denied this fact that the property in question was ever gifted to deceased Abdul Karim Mansuri by his deceased mother Mst. Maryam.
7. I have heard Mr. Naheed A. Shahid, Advocate and Mr. Farooq Rashid, Advocate for objector and have gone through the entire material available before me. There is no time limit for filing the petition under section 218 of the Succession Act, 1925, therefore, this objection is overruled. As far as objection that the property in question was gifted to the husband of objector is concerned, no document A in that respect has been produced. Even no date or year has been mentioned when the property was gifted. It has also not been mentioned as to in whose presence property was gifted by late Mst. Maryam Bai, therefore, the objections raised by objector are unnecessary having no force. As far as application under Order XXXII, Rule 3, C.P.C. Is concerned, it is for the appointment of objector Mst. Mehtab as guardian of her minor children Sana and Hamza, therefore, the same is allowed.
8. The petitioner has prayed as under:- "That the petitioner, therefore, prayers for the grant of Letter of Administration in respect of immovable Assets set forth in Schedule hereto, of the Deceased (Late Marriam Bai, Wd/o Ghulam Rasool Mansuri) and further prays that the share of Abdul Karim Mansuri (Deceased legal heir No,2), in the property, may be transferred in the name of his legal heirs, as mentioned in para 5(i) to (v) of the petition."
9. The above prayer is reasonable, therefore, I in the interests of justice allow this petition as prayed.
Let Letter of Administration be issued as per Rule and share of deceased Abdul Karim Mansuri in the property may be transferred in the name of his legal heirs.