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
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