SMA

THE COURT OF DISTRICT JUDGE AT KARACHI  EAST

SMA No               /2012

RUBINA SALIM

Widow of  Muhammad SALIM

Muslim, Adult, R/O House No. 216/1,

Street No. 1, Darakhshan Society,

Malir Kala Board,

Karachi.                     ………………………….….             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.	Samia 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