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Petitioner: Mst. FAREEDA AMIR VS Respondent: MOTHER OF DARA FEROZE MIRZAHonorable Justice Khawaja Naveed AhmedYousaf Ali Saeed
2009 Y L R 1428
2009 Y L R 1428
[Karachi]
Before Khawaja Naveed Ahmed, J
Mst. FAREEDA AMIR---Petitioner
Versus
MOTHER OF DARA FEROZE MIRZA---Respondent
S.M.A. No.73 of 2008, decided on 16th May, 2008.
Succession Act (XXXIX of 1925)---
----S.372---Petition for grant of succession certificate---Petitioner, who was one of the sisters of deceased, had filed petition for grant of succession certificate in respect of the properties left by her deceased brother--Deceased, who was unmarried left two sisters as his legal heirs---Deceased belonged to Shia Sect of Islam and was governed by his personal law---Other sister of the petitioner had no objection if petition for grant of succession certificate was granted in favour of the petitioner as prayed---Two independent witnesses had verified on oath that deceased had no other legal heir except his said two sisters---Deceased had left no will---All legal formalities in respect of grant of succession certificate had been completed by the office---No objection had come from any quarter---In absence of any impediment in grant of succession certificate to the petitioner in respect of the properties shown in the Schedule of said properties, succession certificate was ordered to be issued according to rules in the name of petitioner.
Yousaf Ali Saeed for Petitioner.
ORDER
KHAWAJA NAVEED AHMED, J.---This petition for grant of Succession Certificate under section 372 of the Succession Act, 1925 has been filed by the petitioner Mst. Fareeda Amir wife of Amanullah Amir, in respect of the properties left by her deceased brother Dara Feroze Mirza, who had died at Karachi on 15-9-2007. Original death certificate is filed along with the petition.
The deceased at the time of his death has left two sister as legal heirs namely Mst. Mehar Aforze new aged about 75 years and Mst. Fareeda Amir now aged about 64 years. The deceased was subject to Shia Sect of Islam and governed by his personal law.
Petitioner Mst. Fareeda Amir is present in Court, while Mst. Meher Afroze has given her power-of-attorney to Mr. Owais-ul-Mustafa s/o Muhammad Idrees. She has no objection if his petition is granted in favour of the petitioner as prayed. The deceased was not married.
Two independent witnesses namely Owais-ul-Mustafa s/o Muhammad Idrees and Syed Tayyab Raza s/o Syed Basharat Hussain are present in Court and they verify on oath that deceased had no other legal heir except mentioned in the petition.
Since there are only two legal heirs one of them is petitioner while other has sworn an affidavit of no objection stating therein that succession certificate may be issued in favour of the petitioner.
Notices of this petition have been issued publication has been done. The deceased had left no will. All legal formalities in respect of grant of Succession Certificate have been completed by the office. No objection has come from any quarter. There are no impediments in grant of Succession Certificate to the Petitioner in respect of the properties shown in the schedule of property.
The Succession Certificate is ordered to be issued according to rules in the name of the petitioner Mst. Fareeda Amir.
S.M.A. No.73/2008 is disposed of.
H.B.T./F-8/K Petition allowed.