1. The petitioner who is the cousin brother of deceased Mst. Zulekha from paternal side has applied for grant of Letters of Administration in respect of the property left behind by her. The petitioner claims that he is the only person entitled to inherit the property left behind by deceased Mst.
2. Zulekha. The petitioner was examined in Court and to a Court question he stated that deceased Mst. Zulekha had 3 brothers, namely Karim, Ghaffar and Sattar all of whom died issueless. He also stated that the deceased Mst. Zulckha had one sister by the name Mst. Fatima who is also dead but her 3 children, namely Yousuf, Zikar and Haroon are alive. The petitioner also stated that he had another brother by the name Haji Yousuf and 2 sisters, namely Hawa Bai and Zubeda Bai, but out of them Haji Yousuf is dead while Hawa Bai and Zubeda Bai are still surviving. The petitioner has filed today in Court an affidavit of Ghulam Muhammad s/o Late Haji Yousuf to prove the death of Haji Yousuf and he was also examined by me. This witness also stated the same facts which were deposed by the petitioner. Mr. A.F.M. Mokarim, the learned counsel for the petitioner contends that although the petitioner has 3 real sisters surviving but they cannot inherit alongwith petitioner as female residuaries. In this connection the learned counsel has referred to the Commentary by Mulla on Muhammadan Law. The learned author in discussion under section 65 observed that except 4 female residuaries, namely the daughter, son's daughter H.L.S: and from among the descendants of the deceased's father, the full sister and consanguine sister, no other female can inherit as a residuary. The learned counsel also referred to another Commentary on Muslim Law by Al-Haj Mohomed Ullah Ibn S. Jung and at page 125 the learned author has stated as follows:-- "20. Residuaries in another's right are four females; they are those whose shares are half and two- thirds; and they become residuaries alongwith the brothers as stated in their cases. But when she takes no share among females and her brother is a residuary, then she cannot become a residuary in his right, i.e. In the case of paternal-uncle and paternal-aunt, the whole property is for the uncle and there is nothing for the aunt."
3. M.Y.H./O-11 /KAdministration letters issued.