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1981 CLC 1054

In re : FRANCIS JOHN JOSEPH PEREIRA vs NOT

Citation1981 CLC 1054
CourtSindh High Court
Case No.Petition for Letters of Administration as Miscellaneous Application No, 39 of
Date1967-05-21
Judge(s)Qadeer-ud-Din Ahmad
ResultApplication granted

ORDER

' This is an application under section 232 of the Succession Act, 1925, and rule 376 of the Chief Court Rules for letters of administration, with a copy of the will annexed to it.

2. The facts are that Francis John Jeseph Pereira, a son of Peter Felix Pereira has made this application. Peter Felix Pereira is said to have died at Karachi on the 2nd of March, 1964, leaving a will, which is Annexure 'A' to this application, and the property mentioned in Schedule 'C' to the application. According to Schedule 'C' the deceased has left immovable and movable property as well as cash of the value of Rs, .2,62,042.83. Out of this funeral expenses and taxes are to be paid in the amount of Rs, 24,910.94. The balance of Rs, 2,37,131.89 is to devolve in accordance with the terms of the will.

3. According to paragraph 4 of the application, there are ten persons who are entitled to inherit under the will. Counsel says that, according to the will, there are eight more persons, who inherit, but their entitlement has been paid to them ; therefore, their names have not been included in the list. In so far as the ten persons named in the list are concerned, they are the sons, daughters and widow of the deceased as well as three sons of his elder brother. The three sons of the elder brother are minor and are represented by their father who is they guardian ad litem. All the persons named in paragraph 4 of the applicator are represented by Mr. Kazi Tufail Ahmed, who says that there is no objection to granting the letters of administration as prayed.

4. As there is no opposition to this application I grant it subject t the rights of those persons who are not named in this application and who are to be paid according to the will ; in default of that, they shall be entitled like any other person entitled under the will to press their claims according to law.

The petitioner has to furnish security in the form of a personal bond. The will has been proved. A copy of it is to be annexed to the letters of administration as prayed.

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