1. ADNAN IQBAL CHAUDHRY, J.---Per the Order dated 29.03.2018 of the Deputy Registrar (OS), he has satisfied himself that all requisites to the hearing of the main petition, including its publication, have been fulfilled and that no objection thereto has been received. I, therefore, received to deal with the main petition.
2. This is a petition under Sections 278 and 372 of Succession Act, 1925, praying for Letters of Administration and Succession Certificate in respect of the estate of late Jawaid Butt son of Fasihuddin Butt Muhammad Nazim (hereinafter "the Deceased"), who passed away intestate at Karachi on 24.01.2017 where he last resided. Per learned counsel, the Deceased was a Sunni Muslim.
3. The petitioner is the daughter of the Deceased. The Death Certificate of the Deceased is on record.
4. Per the petition, the parents of the Deceased had pre-deceased him and he had divorced his wife during his life. Per the petition, at the time of his demise, the Deceased was, and continues to be survived by the following legal heirs, both of whom are adults:-- S.#Names Relationship
1. Fahmina Buttdaughter
2. Omemma Buttdaughter A Family Registration Certificate (FRC) issued by NADRA is on record to demonstrate the kindship between the Deceased and the said legal heirs. Copy of a certificate of divorce to demonstrate the divorce given the Deceased during his life to his wife is also on record.
5. The estate of the Deceased for which this petition is filed is listed in an Amended Schedule to the petition at pages 29 to 31, which comprises of 6 bank balances and 4 immovable properties.
6. Copies of bank statements are on record. Copies of title documents and allotments letters are on record to demonstrate the Deceased's title to and interest in the said immovable properties.
7. The petition is supported by the affidavit of the petitioner and the other legal heir (her sister) has filed an affidavit of no-objection to the petition. Affidavits of third-party witnesses have also been filed attesting to the status of the legal heirs. The petitioner is present in Court also as Attorney of the other legal heir. Copy of the Power of Attorney is on record. The third party witnesses are also present in Court.
8. The office objection points out that as daughters of the Deceased, the aforesaid legal heirs may not be entitled to inherit the entire estate. In reply, learned counsel for the petitioner submitted that the parents of the Deceased had pre-deceased him; that he was a sole child; and that apart from the 2 daughters mentioned above he had no other children. He submitted that in the circumstances where there were no Residuaries either, the 2 daughters would inherit the entire estate under the doctrine of Radd. I am in agreement with learned counsel. If there is no son of the Deceased, then his 2 daughters would fall in the category of Sharers and would inherit two-thirds (2/3) of the estate; and then if there are no Residuaries, the remaining one-third (1/3) of the estate returns to, and become heritable by the 2 daughters as Sharers under the doctrine of Radd which as discussed in para 66 of Muhammadan Law by MuIla is as follows: "66. Return (Radd)-If there is a residue left after satisfying the claims of Sharers, but there is no Residuary, the residue revert to the Sharers in proportion to their shares. This right of reverter is technically called "Return" or Radd."
9. Since the record does not reflect as Residuary, and none has come forth as such, it appears that the 2 daughters would inherit the entire estate.
10. In view of the foregoing, I see no impediment to grant of this petition. Therefore, issue Letters of Administration and Succession Certificate to the petitioner as per Rules to administer the estate of the Deceased listed in the Amended Schedule to the petition at pages 29 to 31, in accordance with the Muslim Personal Law applicable to the Deceased. However, since the value of the immovable properties is said to be far more than that of the bank balances, if the Petitioner deposits the original title documents of the immovable properties with the Nazir of this Court along with the requisite personal bond as security/surety, Letters of Administration and Succession Certificate be issued in relaxation of Rule 400 Sindh Chief Court Rules (O.S.), which power vests in this Court under the same Rule, and the exercise of which is the norm.
11. The Petition stands allowed in the above terms.