Law: Succession Act, 1925

Section: 278

Succession Act (XXXIX of 1925)--- ----S. 278---Letter of Administration---Distant kinder---Category---Petitioner sought issuance of Letter of Administration in favour of legal heirs of deceased owners of suit properties---Validity---Children of pre-deceased sister and brother fell under the category of distant kinder and were only to inherit share when there was no sharer and residuary---When brothers and sisters of an unmarried and issueless deceased had also died, being sharer and residuary, respectively, distant kinder could inherit---Wife of petitioner was daughter of predeceased brother of deceased owner of estate---After the death of wife of petitioner, her legal heirs would also get their proportionate inheritance in the estate along with other shareholders---Petition was allowed accordingly. Waris Ali and others v. Rasoolan Bibi PLD 2014 SC 779; Province of Punjab through Collector and others v. Muhammad Saleem and others PLD 2014 SC 783 and Khawaja Rashidullah and another v. Khawaja Faridullah PLD 2018 Sindh 129 rel. ORDER MUHAMMAD FAISAL KAMAL ALAM, J.---Through this SMA, Petitioner has sought issuance of the Letter of Administration in favour of legal heirs of (Late) Yasin Hassan son of Syed Tassadaq Hussain [the Deceased], in respect of sole Immovable Property mentioned in the Schedule of Property (at page-21/A), viz. Plot No.141-H-1, Block-2, P.E.C.H.S. Karachi, admeasuring 500 Square Yards. Learned counsel for the Petitioner has stated, so also mentioned in the Petition, that the above Deceased (Yasin Hassan) passed away on 16.02.1994 (Death Certificate is available at page-15); he was not married, hence did not have any issue. He was survived by the two brothers, namely, Mr. Siddique Hussain and Mr. Ahmed Hassan. Mr. Siddique Hussain died on 28th July 1957 [Pre-deceased brother], that is, before the demise of the Deceased Yasin Hassan. Learned counsel has also referred to a Notification dated 29th July, 1957 (at page-17), issued by Government of Pakistan Ministry of Finance, regarding death of Mr. Siddiq Husain, who was a senior officer of the General Administrative Reserve (Special Wing) and an acting Deputy Secretary in the Ministry of Finance,…

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