Sunday, September 30, 2012

SMA


IN THE COURT OF DISTRICT JUDGE AT KARACHI  EAST


SMA No               /2012


RUBINA SALIM                     ………………………….….             PETITIONER



Muhammad SALIM
son of Muhammad Yasin              ………...........................……             DECEASED

                                                       


PETITION U/S. 278 & 372 SUCCESSION ACT 1925
FOR GRANT OF LETTER OF ADMINISTRATION & SUCCESSION CERTIFICATE BELONGING TO THE   DECEASED MUHAMMAD SALIM
                                                                                                                  
The Petitioner above named respectfully submits as under :-
1.            That the deceased, Muhammad Salim son of Muhammad Yasin, was husband of the petitioner, abovenamed, who died at Karachi on 01-08-2012, the deceased at the time of his death was residing at House No. 216/1, Street No. 1, Darakhshan Society, Malir Kala Board, Karachi, within the local limits of P.S.  Saudabad which is  with in the jurisdiction of this Hon’ble Court. Photo copy of Death Certificate of deceased  is annexed herewith and marked as annexure “A”.

2.            That the deceased, abovenamed, during his life, was owner of Shop No. 49, Ground Floor, measuring 12.22 Sq. Yards in the Project namely “ORISON TOWER” at Commercial Plot No. E-8, in Block No. 10, situated at K.D.A. Scheme No. 24, Gulshan-e-Iqbal, Karachi, vide SALE DEED dated 10/04/2010, R. No. 1528, Book No. I, dated 17-05-2010 before Sub-Registrar-I,  Gulshan-e-Iqbal, Karachi, M.F. Roll No. U: 34681/6495,  dated 08-06-2010, Photo Registrar, Karachi, for which LETTER OF ADMINISTRATION prayed for in this respect. Photo copy of SALE DEED of the  deceased’s Account is attached herewith and marked as annexure “B”.

3.            That the deceased aws holder of Account No. 02006596, First Woman Bank Ltd., Gulshan-e-Iqbal, Karachi, in which he left behind an amount of Rs.308000/= for which Succession Certificate prayed for in this respect. Photo copy of BANK STATEMENT of the  deceased’s Account is attached herewith and marked as annexure “C”.

4.            That the said deceased at the time of her death left behind following surviving  legal heirs as  his next to kin according to Muhammadan Law:-

S. No.
NAME
RELATION
AGE
1.
Rubina Salim
Widow
48 years
2.
Rohila Salim
Daughter
23 years
3.
Samya Salim
Daughter
21 years
4.
Madiha Salim
Daughter
20 years
5.
Muhammad Usama Salim
Son
18 years
6.
Sobia Salim
Daughter
17 years
7.
Muhammad  Moiz Salim
Son
12 years
8.
Bisma Salim
Daughter
10 years

5.            That the Petitioner as widow of deceased is entitled to get share according to Mohammedan law and the other legal heirs have no objection if the  succession certificate is granted to the Petitioner.

6.            That the said deceased died intestate and diligent search has  been made for a will oral or in writing but none has been found.

7.            That no application or petition for grant of Letter of Administration & Succession Certificate or probate in respect of said  dues/ debts/  securities of the said deceased have ever been made to any Court of law and there is no impediment U/s 370 or under any provision of succession act or of other enactment to the grant of the said certificate under law.

8.            That the other legal heirs, who are major¸ have No Objection for grant of  LETTER OF ADMINISTRATION & SUCCESSION CERTIFICATE  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 The Petitioner or any of the other legal heirs has filed no such Application/Petition prior to this.

10.         That affidavit of two independent witnesses who know the family and next of kins of the Petitioner since several years are also appended herewith this petition.

11.         That proper Court fees prescribed under the law has been affixed on the Application.

PRAYER
On behalf of the petitioner, it is prayed that, without requiring her to furnish security, this Hon’ble Court may be pleased to:

a)   Grant Letter of Administration in respect of immoveable property viz. Shop No. 49, Ground Floor, measuring 12.22 Sq. Yards in the Project namely “ORISON TOWER” at Commercial Plot No. E-8, in Block No. 10, situated at K.D.A. Scheme No. 24, Gulshan-e-Iqbal, Karachi.

b)   Grant Succession Certificate in respect of Account No. 02006596, First Woman Bank Ltd., Gulshan-e-Iqbal, Karachi, in which he left behind an amount of Rs.308000/=

KARACHI.
DATED :      .10.2012    
PETITIONER



S M ZUBAIR
(ADVOCATE)

VERIFICATION
I, Rubina Salim Widow of  Muhammad SALIM, Muslim, Adult, R/O House No. 216/1, Street No. 1, Darakhshan Society, Malir Kala Board, Karachi, do hereby verify on oath that whatever stated above is true and correct to the best of my knowledge and belief.


DEPONENT
The deponent above named is identified by me


ADVOCATE

Stated on oath before me at Karachi on this___th  day of October, 2012, by the deponent above named who is identified to me by Mr. S M ZUBAIR, advocate, who is personally know to me.

COMMISSIONER FOR TAKING AFFIDAVIT



DOCUMENTS FILED
Annexure “A” to “E”.
DOCUMENTS RELIED UPON
All Relevant Documents
ADDRESS OF DEFENDANT FOR SERVICE
As Per Title Of The Memo
ADDRESS OF THE COUNSEL
ZUBAIR LAW ASSOCIATES
31, Bari Chambers, Near Jama Cloth, Karachi.

Drafted by me.

___________
ADVOCATE.



AFFIDAVIT OF PETITIONER

I, RUBINA SALIM widow of  Muhammad SALIM, Muslim, Adult, R/O House No. 216/1, Street No. 1, Darakhshan Society, Malir Kala Board, Karachi, do hereby state on oath as under:-

1.    That  I am the Petitioner in the above matter and Deponent of this affidavit and as such  am fully conversant with contents of this affidavit.

2.    That  I say the this PETITION U/S. 278 & 372 SUCCESION ACT 1925 FOR GRANT OF LETTER OF ADMINISTRATION & SUCCESSION CERTIFICATE BELONGING TO THE   DECEASED MUHAMMAD SALIM has been drafted and filed under my instructions.

3.    That I have read the accompanying application the contents of the same are true and correct which may kindly treated as part and parcel of this affidavit for the sake of brevity.

4.    That whatever is stated above is true and correct to the best of my  knowledge & belief.
                            
Karachi.                                                 
Dated:     .10.2012.
 DEPONENT
The Deponent above named is identified by me.


S M ZUBAIR ADVOCATE
Stated on oath before me at Karachi on this___th  day of October, 2012, by the deponent above named who is identified to me by Mr. S M ZUBAIR, advocate, who is personally know to me.

COMMISSIONER FOR TAKING AFFIDAVIT


AFFIDAVIT OF NO OBJECTION

I,              Salim daughter/son of  Muhammad SALIM, Muslim, Adult Board, Karachi, do hereby state on oath as under:-

1.    That  I am the  deponent/legal heirs in the above matter and , R/O House No. 216/1, Street No. 1, Darakhshan Society, Malir Kala Deponent of this affidavit and as such  am fully conversant with contents of this affidavit.

2.    That the deceased, Muhammad Salim son of Muhammad Yasin, was husband of the petitioner, abovenamed, who died at Karachi on 01-08-2012, the deceased at the time of his death was residing at House No. 216/1, Street No. 1, Darakhshan Society, Malir Kala Board, Karachi, within the local limits of P.S.  Saudabad which is  with in the jurisdiction of this Hon’ble Court.

3.    That the deceased, abovenamed, during his life, was owner of Shop No. 49, Ground Floor, measuring 12.22 Sq. Yards in the Project namely “ORISON TOWER” at Commercial Plot No. E-8, in Block No. 10, situated at K.D.A. Scheme No. 24, Gulshan-e-Iqbal, Karachi, vide SALE DEED dated 10/04/2010, R. No. 1528, Book No. I, dated 17-05-2010 before Sub-Registrar-I,  Gulshan-e-Iqbal, Karachi, M.F. Roll No. U: 34681/6495,  dated 08-06-2010, Photo Registrar, Karachi, for which LETTER OF ADMINISTRATION prayed for in this respect.

4.    That the deceased aws holder of Account No. 02006596, First Woman Bank Ltd., Gulshan-e-Iqbal, Karachi, in which he left behind an amount of Rs.308000/= for which Succession Certificate prayed for in this respect.

5.    That the said deceased at the time of her death left behind following surviving  legal heirs as  his next to kin according to Muhammadan Law:-
S. No.
NAME
RELATION
AGE
1.
Rubina Salim
Widow
48 years
2.
Rohila Salim
Daughter
23 years
3.
Samya Salim
Daughter
21 years
4.
Madiha Salim
Daughter
20 years
5.
Muhammad Usama Salim
Son
18 years
6.
Sobia Salim
Daughter
17 years
7.
Muhammad  Moiz Salim
Son
12 years
8.
Bisma Salim
Daughter
10 years

6.    That the Petitioner as daughter/son of deceased is entitled to get share according to Mohammedan law and the other legal heirs have No Objection if the  succession certificate is granted to the Petitioner.

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

Karachi.                                                 
Dated:     .10.2012.
DEPONENT
The Deponent above named is identified by me.


S M ZUBAIR ADVOCATE

Stated on oath before me at Karachi on this___th  day of October, 2012, by the deponent above named who is identified to me by Mr. S M ZUBAIR, advocate, who is personally know to me.

COMMISSIONER FOR TAKING AFFIDAVIT

AFFIDAVIT OF WITNESS

I, Faizan Nazeer son of Naseer Hussain , Muslim adult, R/O House No. 1-S, Alfaalh Society, Shah Faisal Colony, Karachi, do hereby state on oath as under:-

1.         That I know the Petitioner as well as legal heirs as mentioned in the petition very well and I know facts of the case very well.

2.         That I have visiting terms with the deceased  and his family members  and  deceased was personally known  to me.              

3.         That I say the deceased has expired at Karachi on 01.08.2012   and leaving behind the legal heirs as mentioned in the Petition.

4.         That whatever is stated above is true and correct to the best of my  knowledge & belief.             
Karachi.                                                                    
Dated   :         .10.2012.                   
DEPONENT
The Deponent above named is identified by me.



S M ZUBAIR ADVOCATE

Stated on oath before me at Karachi on this___th  day of October, 2012, by the deponent above named who is identified to me by Mr. S M ZUBAIR, advocate, who is personally know to me.

COMMISSIONER FOR TAKING AFFIDAVIT



SCHEDULE OF PROPERTY

a)   Shop No. 49, Ground Floor, measuring 12.22 Sq. Yards in the Project namely “ORISON TOWER” at Commercial Plot No. E-8, in Block No. 10, situated at K.D.A. Scheme No. 24, Gulshan-e-Iqbal, Karachi, valued of Rs.400,000/=

b)   Account No. 02006596, First Woman Bank Ltd., Gulshan-e-Iqbal, Karachi, an amount of Rs.308000/=

Karachi.
Dated:    /10/2012
Advocate for the Petitioner



SCHEDULE SHARES OF LEGAL HEIRS

           
S. No.
NAME
RELATION
SHARE
1.
Rubina Salim
Widow
9/72= Rs.88500
2.
Rohila Salim
Daughter
7/72= Rs.68833.33
3.
Samya Salim
Daughter
7/72= Rs.68833.33
4.
Madiha Salim
Daughter
7/72= Rs.68833.33
5.
Muhammad Usama Salim
Son
14/72=Rs.137666.66
6.
Sobia Salim
Daughter
7/72= Rs.68833.33
7.
Muhammad  Moiz Salim
Son
14/72=Rs.137666.66
8.
Bisma Salim
Daughter
7/72= Rs.68833.33
                                    TOTAL= 708000/=


KARACHI:
DATED:       /10/2012.
ADVOCATE FOR THE PETITIONER