Law: Succession Act, 1925

Section: 278,286,295

Succession Act (XXXIX of 1925)--- ----Ss.278, 286 & 295---Letter of Administration, grant of---Property left by deceased claimed by objector (one of legal heirs) to have been gifted to him orally---Denial of objector's claim by petitioners (other legal heirs of deceased)---Effect---Such controversy could not be decided in a summary manner, rather holding of full-fledged inquiry would be required for its proper adjudication---Such administration proceedings in contentious cases would take form of regular suit according to provisions of C.P.C:---.---High Court converted such petition into civil suit while making petitioners as plaintiffs and objector as defendant therein. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---.--- The petitioner has filed this petition under section 278 of the Succession Act, 1925 for Letter of Administration in respect of immovable property bearing No.B-243, measuring 500 Sq. Yds. Block-13, K.D.A. Scheme-16, Federal 'B' Area, Karachi left by the deceased Wasia Khatoon wife of(Late) Syed Shabbir Hassan Rizvi who died on 21-7-2007 left behind the following persons as surviving legal heirs:-- 1. SYED QAMAR SHABBIR RIZVI Son 2. SYED MAZHAR SHABBIR Son 3. MRS. DEEBA HASSAN (Petitioner) Daughter 4. MRS. QURAT UL AINE Daughter 5. MRS. TALAT ALI Daughter 6. MRS. NAZLI ASAD Daughter 7. SYED ANSAR SHABBIR RIZVI Son 2. Syed Qamar Shabbir Rizvi, one of the legal heirs of deceased filed Objections stating therein that the property bearing No.B-243 Block-13 was gifted to 'him' 'by deceased and possession was delivered to him by the deceased and as such the property is in his physical possession since 2006 when the gift was made. The petitioner Mst. Deeba Hasan filed her written objection against the Caveat filed by the objector denying the contention of the objector, rejoinder was also filed by Syed Qamar Shabbir Rizvi. 3. Learned counsel for the objector has submitted that since the Caveater has raised the contention and disputed grant of Letter of Administration, therefore, these proceedings may be treated as regular suit as required under section 295 of the Succession Act. In support of his contention he has placed his reliance on the…

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