' This petition under section 278 of the Succession Act,1925, has been filed by petitioner Mohammad Yakoob for grant of Letters of Administration in respect of the estate left behind by his father Muhammad Ishaque son of Haji Muhammad Ibrahim who died at Karachi on 3-8-1989.
2. According to the memo of petition, the deceased left behind three immovable properties and one Vespa Scooter. A question had been raised whether Letters of Administration can be granted for movable properties inasmuch as one of the properties left by the deceased is a Scooter. Mr. Syed Iqbal Ahmad, learned counsel for the petitioner, submitted that Letters of Administration can be granted in respect of all properties and estates left by the deceased. He has relied upon an order dated 1-7-1980 passed in Misc. Application No,110/79 passed by the then Chief Justice of this Court.
3. The submission of learned counsel for the petitioner is correct. Section 372 of the Succession Act, 1925, provides that Letters of Administration shall have effect over all the properties and estates, movable or immovable, of the deceased. Letters of Administration can, therefore, be granted for immovable as well as movable properties left by a deceased.
4. In this matter deceased Muhammad Ishaque is survived by his widow, one son (petitioner) and five daughters. None of the next of kin is a minor. A public notice of the petition has been published in the daily "Nawa-e-Waqt" of 15-9-1990 and a copy thereof has also been pasted on the Court Notice Board. In response to the notices, no one has filed any objection or claim. On the other hand, the next of kin have filed their no-objection affidavits to the grant of this petition.
5. In the circumstances, this petition is allowed and it is ordered that Letters-of-Administration be granted to petitioner Muhammad Yakoob in respect of the properties and estates left by deceased Muhammad Ishaque son of A Haji Mohammad Ibrahim according to rules on petitioner furnishing one surety. Documents of the properties in respect of which Letters of Administration have been granted may be accepted as surety documents.