Case Details

Citation(s)
2019 SLG 3297 2019 SLD 3297 2019 PLD 490
Sindh High Court
S.M.A. No. 141 of 2016, decision Dated: 24-09-2018. Hearing Dated: 29-05-2018.
ADNAN IQBAL CHAUDHRY, JUSTICE
Petitioner(s) by: Babar Sattar
Respondent(s) by: Haseeb Jamali and Ms. Sana Q. Valika

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Law: Succession Act, 1925

Section: 259,263,263(d),272,278

Law: Civil Procedure Code (V of 1908)

Section: O.XXII,R.3

Succession Act (XXXIX of 1925)--- ----Ss. 259, 263, 278 & 372---Civil Procedure Code (V of 1908), O.XXII, R.3---Letter of administration---Revocation/annulment---Just cause---Determination---Legal heir, impleading of---Letter of administration regarding suit property was issued in favour of applicant and after his death, applicant sought permission for her to be impleaded as petitioner and issuance of letter of administration in her favour---Validity---Death of father of applicant was just cause to annul letters of administration granted to deceased under S.263(d) of Succession Act, 1925 as such grant had become useless and inoperative---Right to defend such letters of administration did not survive to his legal heirs---Letter of administration and bond executed by grantee pursuant thereto was personal to grantee and did not survive his death---Application was disposed of accordingly. THIS ORDER PASSED BY: ADNAN IQBAL CHAUDHRY, J.- The SMA had been allowed on 16-06-2017 by granting to Mr. Muhammad Iqbal (the petitioner) Letters of Administration for Plot No.109/1, Sheet No. C.F. 1.5, measuring 2052 sq. yds., Clifton Quarters, Karachi (hereinafter 'the Subject Plot'), which was said to be the property of late Noor Muhammad Chutani son of Moosa Bhai Chutani (the Deceased). Per the SMA/petition, the Deceased had passed away intestate on 05-05-1970 leaving behind only a daughter namely Naseem Begum Chutani, who also passed away on 10-07-1989 leaving behind her husband namely Mr. Muhammad Iqbal (the petitioner) and a daughter namely Mst. Nasreen. By order dated 27-09-2017, the petitioner was allowed to submit a Certified True Copy of the lease of the Subject Plot with his personal bond as security for the issue of Letters of Administration, which was eventually issued on 07-10-2017. 2. On 16-10-2017, Mr. Muhammad Iqbal (the petitioner) moved a contempt application (C.M.A. No.1600/2017) against the Director Land KMC on the ground that despite Letters of Administration the KMC had declined to mutate the Subject Plot to the names of the legal heirs of the Deceased. By order dated 05-12-2017, when the alleged contemnor was before the Court, it was directed that the…
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