Saturday, July 2, 2011

LETTER OF ADMINISTRATION/SMA


IN THE COURT OF DISRICT JUDGE KARACHI .……
S.M.A. No.        /2004


Muhammad AKRAM    ……………….                            PETITIONER
                           


Muhammad YOUSUF
Son of FAIZ Muhammad    …………………                          DECEASED




PETITION FOR GRANT OF LETTER OF ADMINISTRATION U/S. 278 SUCCESION ACT 1925 IN RESPECT OF House No. 543, Block-6, Liaqatabad, Karachi LEFT BY the Deceased Muhammad  YOUSUF

                   The Petitioner, abovenamed, respectfully submitted as under:-

1)                  That the deceased, Muhammad YOUSUF son of FAIZ Muhammad, the father of The Petitioner died on 21.11.1991, at Karachi.
Photocopy of Death Certificate is attached herewith and marked as annexure “P/1”.

2)                  That the deceased, at the time of his death, was residing at House No. 54321, Block-6, Liaqatabad, Karachi, which is situated within jurisdiction of this Hon’ble Court.

3)                  That the deceased left behind the immoveable property viz House No. 54321, Block-6, Liaqatabad, Karachi.
Photocopy of LEASE DEED & SITE PLAN are attached herewith and marked as annexure “P/2” & “P/3” respectively.

4)                  That the Deceased, abovenamed, left behind the following as his surviving legal heirs:

Sr. No.     NAME                        RELATIONSHIP      AGE
a.               AKHTARI Begum                   Widow                60 years
b.               Muhammad ASLAM                 Son                    37 years
c.               Muhammad AKRAM                Son                    34 years
d.               Muhammad AKHTAR              Son                   30 years
      e.            SALMA                                 Daughter              22 years
f.                NAJMA                                  Daughter            20 years

5)                  That except the aforementioned persons there is no other legal heirs/successors in interest of the deceased and above said all legal heirs are major.

6)                  That the Deceased, abovenamed, died intestate and did not leave any will oral or in writing.

7)                  That the other legal heirs, who are major¸ have no objection for grant of            LETTER OF ADMINISTRATION in the name of the Petitioner and to this effect they have also sworn their respective affidavits of No Objection for the purpose of this Petition.

8)                  That The Petitioner or any of the other legal heirs has filed no such Application/Petition.

9)                  That affidavit of two independent witnesses who know the family of The Petitioner since several years are also appended herewith this petition.

10)              That proper court fee as prescribed under the law herein.


P R A Y E R

                       The Petitioner, therefore, prays that this Hon’ble Court may be pleased to Grant Letter of Administration in respect of immoveable property as detailed in the Schedule of Property appended with the Petition as Annexure “    “. The Valuation of immoveable property is nearly about Rs.________________.

Karachi.
Dated:                        /04/04.
­­­­­­­­­­­­­______________
PETITIONER

The Petitioner identified by me


S M ZUBAIR
(ADVOCATE)

V E R I F I C A T I O N
                                      I, Muhammad AKRAM Son of Muhammad YOUSUF, Muslim, adult, resident of Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi    
Dated: ----/04/04.                                                  
________________________
Deponent/PETITIONER
  
                                                                     The deponent identified by me.


__________________
 (ADVOCATE)

                                    Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr.  S M ZUBAIR, Advocate whom I know personally.
                                 The contents of the Plaint have been read over and explained to the Deponent in Urdu too and he/she seems to be understood the same and set his/her signature/thumb impression.


COMMISSIONER FOR TAKING AFFIDAVITS






DOCUMENTS FILED                      :   Annexure P/1 to P/     
DOCUMENTS RELIED UPON       :   ALL RELEVANT DOCUMENTS  
ADDRESS OF Other                         :   AS PER TITLE OF THE SUIT.
Legal heirs FOR SERVICE.
ADDRESS OF THE COUNSEL        :   AS PER VAKALATNAMA.
FOR THE PETITIONER.  















IN THE COURT OF DISRICT JUDGE KARACHI .……
S.M.A. No.        /2004


Muhammad AKRAM          ………………                        PETITIONER



Muhammad YOUSUF       …………..….             DECEASED
                           
                          

                       
A  F I D A V I T
                                 I, Muhammad AKRAM son of Muhammad Yousuf, Muslim, adult, R/O.  Karachi, do hereby state as under: -

1.                  That I am The Petitioner/Deponent of this affidavit and as such am fully conversant with the facts of the matter deposed herein.

2.                  That I am son of the deceased, Muhammad YOUSUF son of FAIZ Muhammad, died on 21.11.1991, at Karachi.

3.                  That the deceased left behind the immoveable property viz House No. 543, Block-6, Liaqatabad, Karachi.

4.                  That the deceased, at the time of his death, was residing at House No. 543, Block-6, Liaqatabad, Karachi, which is situated within jurisdiction of this Hon’ble Court.

5.                  That the Deceased, abovenamed, left behind the following as his surviving legal heirs:

Sr. No.     NAME                           RELATIONSHIP                  AGE
a.               AKHTARI Begum                                    Widow                    60 years
b.               Muhammad ASLAM                     Son                         37 years
c.               Muhammad AKRAM                   Son                          34 years
d.               Muhammad AKHTAR                 Son                          30 years
      e.            SALMA                                  Daughter                 22 years
f.                NAJMA                                           Daughter                 20 years

5)                 That except the aforementioned persons there is no other legal heirs/successors in interest of the deceased and above said all legal heirs are major.

6)                 That the Deceased, abovenamed, died intestate and did not leave any will oral or in writing, and the other legal heirs, who are major¸ have no objection for grant of   LETTER OF ADMINISTRATION in the name of the Petitioner and to this effect they have also sworn their respective affidavits of No Objection for the purpose of this Petition.

7)                 That The Petitioner or any of the other legal heirs has filed no such Application/Petition.

8)                 That unless the accompanying application is not allowed I shall suffer irreparable loss, which cannot be measured monetarily.

9)                 That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.
Dated:      /04/04                                                                       ____________
                                                                               DEPONENT
                                                                               The Deponent identified by me.


 _______________
  S M ZUBAIR
                                                                                (ADVOCATE)


                                Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

         COMMISSIONER FOR TAKING AFFIDAVITS


























IN THE COURT OF DISRICT JUDGE KARACHI .……
S.M.A. No.        /2004


Muhammad AKRAM          ………………                        PETITIONER



Muhammad YOUSUF       …………..….             DECEASED
                          


AFFIDAVIT OF THE INDEPENDENT WITNESSES
               I,___________________________son of _______________________, Muslim, adult, R/O.  Karachi, do hereby state as under: -

1)                 That I am the Deponent of this affidavit and as such am fully conversant with the facts of the matter deposed herein.

2)                 That I know The Petitioner, his family and the Deceased, Muhammad YOUSUF son of FAIZ Muhammad, who died on 21.11.1991, at Karachi.

3)                 That being family terms with the Petitioner, I also know the family members of him since long times.

4)                 That the deceased, at the time of his death, was residing at House No. 543, Block-6, Liaqatabad, Karachi, which is situated within jurisdiction of this Hon’ble Court.

5)                 That the Deceased, abovenamed, left behind the following as his surviving legal heirs:

Sr. No.     NAME                           RELATIONSHIP                  AGE
a.               AKHTARI Begum                                    Widow                    60 years
b.               Muhammad ASLAM                     Son                         37 years
c.               Muhammad AKRAM                   Son                          34 years
d.               Muhammad AKHTAR                 Son                          30 years
      e.            SALMA                                  Daughter                 22 years
f.                NAJMA                                           Daughter                 20 years

6)                 That except the aforementioned persons there is no other legal heirs/successors in interest of the deceased and above said all legal heirs are major, and I bind myself to indemnify for any claim, if arose at any time from any other legal heir except the mentioned above legal heir(s).

7)                 That the deceased left behind the immoveable property viz House No. 543, Block-6, Liaqatabad, Karachi.

8)                 That I say that I know that the Deceased, abovenamed, died intestate and did not leave any will oral or in writing, and the other legal heirs, who are major¸ have no objection for grant of            LETTER OF ADMINISTRATION in the name of the Petitioner and to this effect they have also sworn their respective affidavits of No Objection for the purpose of this Petition.

9)                 That I know that the Petitioner or any of the other legal heirs has filed no such Application/Petition.

10)            That unless the accompanying application is not allowed the Petitioner shall suffer irreparable loss, which cannot be measured monetarily.


11)            That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.
Dated:      /04/04
____________
DEPONENT
The Deponent identified by me.


 _______________
S M ZUBAIR
(ADVOCATE)


                                Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

         COMMISSIONER FOR TAKING AFFIDAVITS









IN THE COURT OF DISRICT JUDGE KARACHI .……
S.M.A. No.        /2004


Muhammad AKRAM          ………………                        PETITIONER



Muhammad YOUSUF       …………..….             DECEASED


SCHEDULE OF THE PROPERTY

1.                  House bearing No. 543, Block-6, Liaqatabad, Karachi, Measuring 43.33 Sq. yards, Valued at Rs.___________________,
delineated and bounded:
                  On the North by  Qtr. No. 6/543-A
              On the South by  Qtr. No. 6/542.
              On the East by    Road 30-00 wide.
              On the West by   Line 12.00 wide.

Karchi.
Dated:
_____________________________
Advocate for the Petitioner    
S M ZUBAIR
(ADVOCATE)
























IN THE COURT OF DISRICT JUDGE KARACHI .……
S.M.A. No.        /2004


Muhammad AKRAM          ………………                        PETITIONER



Muhammad YOUSUF       …………..….             DECEASED 

APPLICATION FOR CONDONATION OF DELAY 
UNDER  SECTION  347  SUCCESSION  ACT 1925.
READ WITH SECTION 5 THE LIMITATION ACT.

               Ii is respectfully prayed on behalf of the Petitioner abovenamed that this Hon’ble Court may be pleased to CONDONE the DELAY of 12 years and about 05 months in filling this petition as due to non availability of documents and some un avoidable circumstances as such the same could not file in time. Hence this Petition..

Prayed according in the interest of justice.
Karachi.
Dated:    /04/04.
_____________________________
Advocate for the Petitioner    
S M ZUBAIR
 (ADVOCATE)




















IN THE COURT OF DISRICT JUDGE KARACHI .……
S.M.A. No.        /2004


Muhammad AKRAM          ………………                        PETITIONER



Muhammad YOUSUF       …………..….             DECEASED

AFFIDAVIT
                        I, Muhammad AKRAM son of Muhammad Yousuf,  son of , Muslim, adult, R/O.  Karachi, do hereby state as under: -

1)                 That I am The Petitioner/deponent of this affidavit and as such am fully conversant with the facts of the matter deposed herein.

2)                 That I say that due to non-availability of documents for the succession petition could not be filed in time.

3)                 That I say that due to reasons above mentioned the delay in filling the petition may kindly be condoned.

4)                 That unless the accompanying application is not allowed I shall suffer irreparable loss, which cannot be measured monetarily.

5)                 That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.
Dated: -
_____________________________
Advocate for the Petitioner    
S M ZUBAIR
 (ADVOCATE)

                                    Solemnly affirmed on oath before me at
 Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVITS

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