Law: Succession Act, 1925

Section: 263

Law: Registration Act, 1908

Section: 32(c),33(b)

Law: Powers-of-Attorney Act, 1882

Section: 2

Succession Act (XXXIX of 1925)--- ----S. 263---Powers of Attorney Act (VII of 1882), S.2---Revoking Letters of Administration for just cause--- Execution under power-of-attorney---Scope---Applicant was objector to Letters of Administration and claimed that shop in question was not included in the estate of deceased as sub-lease in her favour was executed by deceased through attorney appointed for the purpose---Objector sought revoking of Letters of Administration to the extent of shop in question---Validity---Contents of power of attorney revealed that the principal (deceased owner of estate) had already agreed with objector to sell shop in question to her---Power of attorney was only instruction to his agent to convey the same to the objector and leaving no discretion or to be exercised by the agent---Power of attorney had not authorized the attorney to sell immovable property, rather it was power of attorney that authorized the attorney to execute sub-lease of immovable property in favour of objector and to present such sub-lease to Sub-Registrar for registration-- High Court revoked Letters of Administration granted to petitioner to the extent of shop in question--- Application was allowed in circumstances. THIS ORDER PASSED BY: ADNAN IQBAL CHAUDHRY, J.- This C.M.A. No.120/2014 under section 263 of the Succession Act, 1925 by Samina Qasim (the objector) prays for revocation of Letters of Administration to the extent of the property claimed by her. Despite notice, the petitioner has not come forth to contest the application. 2. Letters of Administration for the estate of late Mohammad Abdul Bashir (hereinafter "the Deceased") was granted vide order dated 27-4-1998 to his sister, Jamila Naheed (the petitioner). The Deceased had passed away on 29-9-1997. The estate for which the Letter of Administration was granted included Commercial Plot No.SC-23, Sector 11-H, North Karachi Township, measuring 666.66 sq. yds., which had been leased to the Deceased by the KDA vide a registered deed dated 10.11.1991. It is the case of the objector that the said Commercial Plot No.SC-23 comprises of a building known as 'Citizen Apartments';. that she had purchased in that…

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