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2013 YLR 281

M. NASEERUDDIN and 2 others vs SABA NASEER

Citation2013 YLR 281
CourtSindh High Court
Case No.S.M.A. No,47 of 2012
Date2012-09-13
Judge(s)Sadiq Hussain Bhatti
ResultApplication allowed

ORDER

' SADIQ HUSSAIN BHATTI, J.--- The petitioner No,1 is husband, petitioner No,2 is daughter and petitioner No,3 is son of deceased Sabra Begum, who expired at Karachi on 22-1-2011. The instant SMA has been filed praying for issuance of Letters of Administration 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 as under:-- {{TABLE}} S. No.Name AgeRelationship

1. M. NaseeruddinMajorHusband

2. Naheed Naseer-do-Daughter

3. Babar Naseer-do-Son

4. Saba Naseer-do-Daughter {{TABLE}} ' 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 30-5-2012. None appeared from any quarters to raise objection. All the legal heirs of the deceased are major and, except - for respondent Mst. Saba Naseer, all have executed affidavits of no objection for grant of the petition as prayed. As per the list of the legal heirs submitted by the petitioners, Mst Saba = Naseer, daughter of the deceased, is also one of the legal heirs and she is residing in one of the properties left behind by the deceased and forming part of this SMA. As .Per bailiff's report dated 25-8-2012, she has been served but she is not coming forward. However, she has not filed any objections to this petition.

' Two independent witnesses, namely, Muhammad Tasleem and Muhammad Izhar are also present. They have also filed their third-party affidavits. They state that they know the family well and affirm that the persons mentioned above are the only legal heirs of the deceased.

Since the other legal heirs of the deceased have no .Objection to the issuance of the Letters of Administration in favour of the petitioners 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 Lettef of Administration in favour of the petitioner subject to Rules.

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