| Citation(s) |
|---|
| 2014 SLG 1733 2014 SLD 1733 2014 CLC 981 |
Sindh High Court
Miscellaneous Appeal No.40 of 2012, decision dated: 10-04-2014.
AFTAB AHMED GORAR, J
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Miscellaneous Appeal No.40 of 2012, decision dated: 10-04-2014.
AFTAB AHMED GORAR, J
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ABDUL WAHAB
VS
ABDUL RASHEED and 2 others
Law:
Section:
(a) Succession Act (XXXIX of 1925)-------Ss. 278 & 372---Letter of administration and succession certificate issuance of---Limitation---No limitation existed in matters of letter of administration and succession certificate. Abdul Rauf Chaziani v. Zaibunissa and 2 others PLD 1975 Kar. 76 rel. (b) Succession Act (XXXIX of 1925)--- ----S. 278---Letter of administration, issuance of---Matters to be considered by court---Scope---Deceased was survived by three daughters and two sons---Respondent (one of the sons of deceased) filed a petition for grant of letter of administration in respect of immovable property left by the deceased---Appellant (other son of deceased) filed objection against the grant of letter of administration on the grounds that immovable property in question was allotted to him; that he incurred large sum of money on the reconstruction of the property in question, and on the marriages of his three sisters; that respondent had already taken his share in the property from the appellant---Validity---While considering issuance of letter of administration, court would only determine questions about assets left by the deceased and inherited by the legal heirs---Appellant was at liberty to avail any remedy available under the law for redressal of his grievances i.e. for recovery, but in no case, in the proceedings under Succession Act, 1925 he was supposed to raise any such claims---Even otherwise appellant did not refer to or produce any evidence or document to substantiate his claims---Appeal was dismissed accordingly. Sindh Industrial Trading Estate) Ltd. through Secretary v. Muhammad Ilyas and another 2005 SCMR 309 rel. (c) Pleadings--- ----Proof---Verbal assertions---Mere verbal assertions in the absence of any documentary evidence were not sufficient. S. Inayat Hussain Shah for Appellant. Mehar Khan for Respondent No.1. JUDGMENT AFTAB AHMED GORAR, J.--- Through this Miscellaneous Appeal the appellant Abdul Wahab has impugned the order dated 24-5-2012 passed by the learned District Judge, Karachi Central in SMA No.107 of 2012 whereby while declining the request of the appellant to convert the said SMA into a suit for partition, he allowed the…
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