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2001 YLR 347

MUHAMMAD NASEERUDDIN SHAIKH vs Mst. AFSHAN SUBOOHI NASEER

Citation2001 YLR 347
CourtSindh High Court
Case No.S. M . A . No,134 of 2000
Date2001-08-09
Judge(s)Wahid Bux Brohi
Resultorder accordingly

ORDER

' This petition for grant of succession certificate has been made by widow of Muhammad Naseeruddin who died at Masqat on 21-4-1999 but was buried in Karachi on 26-4-1999.

Muhammad Naseeruddin died intestate and according to petitioner no will was found. He left behind the following heirs: {{TABLE}} S. Name of No, Legal Heirs Age Relation- ship with deceased 1 Mst. Afshan 29 years Widow Suboohi Naseer

2. Shaikh Shamsud- 66 years Father din

3. Mst. Aisha 64 years Mother Khanum

4. Muhammad 7 years Son Haseebuddin (Minor)

Shaikh

5. Quratul Ain 6 years Daughter (Minor)

6. Muhammad Fasi- 5 years Son huddin Shaikh (Minor) {{TABLE}} ' The notice of this application was affixed on the Court Notice Board and also published in daily Jisarat, dated 25-5-2000 but nobody came forward to oppose the same. The parents of the deceased have filed affidavits of no objection. They appeared in Court, and they have no objection if the succession is granted in favour of the petitioner subject to the condition that their share is paid to them. The petitioner has also been appointed as guardian ad litem for the minors. This is a non-contentious matter and there is no impediment in grant of this application, which is accordingly granted. Learned counsel submits that the petitioner will not be able to arrange sureties, therefore, in the interest of justice the Nazir may be permitted to collect, the assets/securities and distribute the same among the heirs. The request is allowed. Nazir shall collect the properties shown in the Schedule of Properties. He should disburse the same to the heirs in accordance with their share investing the share of minor in a profit under bearing scheme.

Petition allowed/

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