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2012 YLR 2859

FAWWAD SHAFI vs THE STATE

Citation2012 YLR 2859
CourtSindh High Court
Case No.S.M.A. No,52 of 2012
Date2012-08-24
Judge(s)Sadiq Hussain Bhatti
ResultApplication allowed

ORDER

' SADIQ HUSSAIN BHATTI, J.--- The petitioner, who is son of deceased Mrs. Saeeda Naseem who expired at Karachi on 15-11-2011, prays for issuance of Letter of Administration/Succession Certificate in respect of the estate left behind by the said deceased as mentioned in the schedule of properties to the petition. The names of the legal heirs left behind by the deceased are mentioned as under:{{TABLE}} S. Name Age Relationship No,

1. Muhammad 67. Years. Widower Naseem 2 Faisal Shafi 34 years. Son Fawwad Shafi 31 years. Son Yasir Shafi 28 years. Son Humaira Faraz 33 years. Daughter Notice of the SMA was served on all the legal heirs of the deceased and on general public through advertisement published in the daily Jang dated 9 June, 2012. None appeared from any quarters to raise objection. All the legal heirs of the deceased are, present in Court. They have also executed special power of attorney in favour of the petitioner and have also filed their affidavits of no objection to the grant of Letter of Administration in favour of the petitioner.

' Two independent witnesses, namely, Mujtaba Saeed Najmi Waki and Eijaz-ur-Rehman are also present. They have also filed their third-party affidavits. They state that they know the family well and affirm that the legal heirs of the deceased mentioned in para 5 of the petition are the only legal heirs of the deceased.

' Since the other legal heirs of the deceased have no objection to the issuance of the Letter of Administration in favour of the petitioner and the independent witnesses have also confirmed that there are no other legal heirs of the deceased except those mentioned above and none appeared from any quarter to raise objection despite publication of notice, there is no impediment in the grant of this SMA. Accordingly, the same is granted and the office is directed to issue Letter of Administration in favour of the petitioner subject to Rules.

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