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
