IN THE COURT OF DSITIRCT JUDGE CENTRAL AT KARACHI
( Testamentary &
intestate jurisdiction )
SMA No._______/ 2012
Muhammad Shahzada Raees ..…………. PETITIONER
Mst.
Kaniz Fatima Jaffery ………..…… DECEASED
PETITION UNDER SECTION 278 OF
THE SUCCESSION ACT 1925
FOR GRANT OF LETTERS OF ADMINISTRATION IN RESPECT OF
THE IMMOVABLE PROPERTY OF THE DECEASED
MST. KANIZ FATIMA JAFFERY
The petitioner above name respectfully submits
as under .
1. That the above named deceased Mst. Kaniz
Fatima Jaffery
Wd/o Shamim
Ahmed Jaffery, died on 26.3.1997 at Karachi
Death
Certificate of Mst. Kaniz Fatima Jaffery and Shamim Ahmed Jaffery are annexed herewith and marked as annexure “A”
and “A/1” respectively
2. That the deceased Mst. Kaniz Fatima Jaffery was
issueless and her father and mother had
already been died before her.
3 That the said
deceased at the time of her death ordinary reside at House No. B-252/13, Gulistan Society Gulberg,
F.B. Area Karachi which is within the remit of P.S. GULBERG which comes in the jurisdiction of this Hon’ble Court.
4 That the said
deceased left behind the shop No. C-4, Plot No.FL-22 Alliance Arcade Block-15,
Gulistan-e- Jouhar, KDA Scheme No. 36, Karachi
Photo copies of the Allotment
Letter, Possession Order and Acknowledgement of Possession and Indenture of
Sub- Lease are annexed herewith and marked as annexure “B/1”,
“B/2” & “B/3” respectively.
5. That the value
of property is Rs.25,00,000/- ( Rupees Twenty Five Lac Only).
6. That the said deceased died intestate and
that due and diligent search has been
made for “Will” but none has been found in respect of the property mentioned as
per schedule of property.
7. That the said
deceased at the time of her death left
behind surviving legal heirs as her next
to kin according to Muhammadan Law her sister Dr. Mehmooda Usman Azad and
brother Raees-e- Azam who subsequently died on 1.4.2006 and 29.4.2007.
Photo
copy of death certificates are annexed herewith and marked as annexure “C” and
“C/1” Respectively.
8. That now the following surviving legal
heirs as her next to kin according to Muhamadan law.
-----------------------------------------------------------------------------------
S. No
Name Relation Date of Birth
-----------------------------------------------------------------------------------
1 Muhammad
Ehsan Azad Son 13-02-1958
2 Imran
Azad
Son 30-04-1960
All sons, of Mst. Dr. Mehmooda Azad Wd/o of Muhammad
Usman Azad Sister of the deceased Mst.
Kaniz Fatima Jaffery
-----------------------------------------------------------------------------------
S. No
Name Relation Date
of Birth
-----------------------------------------------------------------------------------
1. Mst.Wasima
Raees Widow
05-01-1947
2. Mr. Muhammad Aslam Atif Son
25-04-1971
3. Mst. Saira Daughter
15-04-1970
4. Mr. Muhammad Asim Son
14-05-1973
5. Mst. Rabia Raees Daughter 28-04-1978
6. Muhammad Awais Raees Son 29-05-1984
7 Mr. Muhammad Shahzad Raees
Son 28-12-1988
All sons, daughters and widow of Muhammad Raees-e- Azam S/o Muhammad
Ismail brother of the deceased Mst. Kanees Fatima Jaffery
Photo copies of the heirs ship
certifies of the Muhammad Raees-e- Azam brother of the Mst. Kaniz Fatima Jaffery
and Dr. Muhmooda Usman Wd/o Muhammad Usman Azad Sister of Mst. Kaniz Fatima Jaffery
are annexed herewith and marked as annexure “D” and “D/1”
______________________________________________________
8. That the
Petitioner as nephew of deceased is entitled to share according to Mohammedan law and the
other legal heirs have no objection if the Letter of Administration is granted to the
Petitioner.
9. That no
application has been made by the
petitioner for grant of letter of Administration and there is no impediment U/s 370 or under any provision
of succession act 1925 or of other
enactment to the grant of the Letter of
Administration or the validity thereof,
if it is granted.
10. That the
affidavit of no objections of the other legal heirs of the deceased and
affidavit of two independent witnesses
are filed as annexure “____” to “_______”,
11. That proper Court fees prescribed under the
law has been affixed on the Application.
PRAYER
The
petitioner, therefore, prays that letters of Administration in respect of the
immovable property of the deceased as set forth in schedule of property i.e. Shop No. C-4, Plot No.FL-22 Alliance
Arcade, Block-15, Gulistan -e- Jouhar, KDA Scheme No. 36, Karachi
PETITIONER
Dated: 08.2012 ADVOCATE
FOR THE PETITIONER
V E R I F I
C A T I O N
I, Muhammad Shahzada Raees S/o Late Muhammad Raees Azam Muslim, Adult, R/o Flat No. A-30, Fareeda Square, Block 7,
Gulshan-e-Iqbal, Karachi, the petitioner in the above petition declare 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
AFFIDAVIT
OF PETITIONER
I, Muhammad Shahzada Raees S/o Late Muhammad Raees Azam
Muslim, Adult, R/o Flat No. A-30, Fareeda Square Karachi
1 That I say
that I am the petitioner in the above matter for grant of letter of
Administration and as such am fully conversant
with the fact of the case.
2 That I say
that the application for grant of letter of Administration has been drafted
under my instructions and the contents thereof may be treated as part of this
affidavit.
3 That I say that
I am Nephew of the deceased Mst. Kaniz
Fatima Jaffery D/o Shamim Ahmed Jaffery and other surviving legal heirs have no
objections if latter of administration
is granted in my favour.
4 That I say
that the petitioner for grant of letters of Administration in respect of the
immovable property/ assets of my deceased Paternal Aunt has truly set froth in the main petition as well
as annexures “ ___” to“____”.
5 That whatever
stated above is true and correct to the best of my knowledge and belief.
Dated 08.2012 DEPONENT
The deponent above named is identified by me .
ADVOCATE
AFFIDAVIT
OF NO OBJECTION
I, Mst. Saira D/o Late
Muhammad Raees Azam Muslim, Adult, R/o Flat No. A-30, Farida Square
1. That I am the
Deponent of this affidavit and as such I
am fully conversant with contents of this affidavit
2. That I say that
I am Niece of the deceased Mst. Kanees
Fatima Jaffery D/o Mr. Shahmeem Ahmed Jaffery died on ______________ at Karachi
2 That the said
deceased at the time of her death ordinary reside at R/o House No. B-252/13, Gulistan Society Guberg,
F,B Area, Karachi which is within the remit of P.S. GULBERG which comes in the jurisdiction of this Hon’ble Court.
3 That the said
deceased left behind the shop No. C-4,
Plot No.FL-22 Block-15,
Gulistan-e- Jouhar KDA Scheme No. 36, Karachi
which is separately shown in Schedule “B” along with Application
Form and Indenture of Sub- Lease .
5. That the
Petitioner as Nice of deceased is entitled
to share according to Mohammedan law and
the other legal heirs have no objection if the Letter of Administration is granted to the
Petitioner.
6 That what ever
stated above is true and correct to the
best of my knowledge and belief.
Dated : 08.2012 DEPONENT
The deponent above named is identified by me .
ADVOCATE
AFFIDAVIT
OF NO OBJECTION
I, Muhammad Aslam Atif S/o Late Muhammad Raees
Azam Muslim, Adult, R/o Flat No. A-30, Farida Square
1. That I am the
Deponent of this affidavit and as such I
am fully conversant with contents of this affidavit
2. That I say that
I am Nephew of the deceased Mst.
Kanees Fatima Jaffery D/o Mr. Shahmeem Ahmed Jaffery died on ______________ at Karachi
2 That the said
deceased at the time of her death ordinary reside at R/o House No. B-252/13, Gulistan Society Guberg,
F,B Area, Karachi which is within the remit of P.S. GULBERG which comes in the jurisdiction of this Hon’ble Court.
3 That the said
deceased left behind the shop No. C-4,
Plot No.FL-22 Block-15,
Gulistan-e- Jouhar KDA Scheme No. 36, Karachi
which is separately shown in Schedule “B” along with Application
Form and Indenture of Sub- Lease .
5. That the
Petitioner as Nice of deceased is entitled
to share according to Mohammedan law and
the other legal heirs have no objection if the Letter of Administration is granted to the
Petitioner.
6 That what ever
stated above is true and correct to the
best of my knowledge and belief.
Dated : 08.2012 DEPONENT
SCHEDULE OF
THE PROPERTY
50% Share in Immovable
property with construction thereon, booked by the deceased jointly
with petitioner i.e Flat No.
C.M.01, Type “C”, Block “C”, Floor “M” Faran Classic located on Plot No.FL-2
Block No.12, KDA Scheme No.36, Gulistan-e-
Jouhar , Karachi total measuring 850 Sq- Fts .
___________
Total
Value Rs.12,00,000/-
------------------
AFFIDAVIT OF
WITNESSES
I, ________________________________________
_________ , Muslim, adult, R/o House No.
__________________________________________,
Karachi
1 That I know the
petitioner he is the o e of
the legal heirs of the
deceased Syed Muhammad Hassan Kazmi S/o Syed
Saeed-ul- Zafar Kazmi died on 19.11.2008
at Karachi
2 That I had
very cordial terms with the d ceased
Syed Muhammad Hassan Kazmi S/o Syed
Saeed-ul- Zafar Kazmi died on 19.11.2008
at Karachi
3 That I say that the deceased Syed Muhammad Hassan Kazmi S/o Syed Saeed-ul- Zafar Kazmi died on 19.11.2008 at
Karachi has expired and left
behind the only legal heirs as mentioned
in the petition .
4 That what
ever stated above is true and correct to
the best of my knowledge and belief.
Dated : 10.2011 DEPONENT
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