Case Details

Citation(s)
2026 SLG 659 2026 SLD 659 = 2026 SHC 656
Sindh High Court
Misc. Appeal No.24 of 2026
Presented By: ARSHAD HUSSAIN KHAN, J. 
Appellants              :

[ Lubna Ayub and another

VS

. Faisal Ayub]

Law: Succession Act, 1925

Section: 263,299

Law: Transfer of Property Act, 1882

Section: 129

Law: Code of Criminal Procedure, 1898

Section: Order XLI Rule 5 ,Order 39 Rules 1 ,2

Summary: The appellants sought revocation of Letters of Administration granted on 17.12.2021 in respect of the estate of Mst. Parveen Ayub under Section 263 of the Succession Act, 1925, claiming alleged gift deeds in their favor. The lower court dismissed the application, holding that no “just cause” existed and that the appellants were estopped, having consented to a previous order directing mutation of properties in all heirs’ names. The court affirmed that summary proceedings under the Succession Act do not decide title, and revocation requires grounds like fraud, concealment, or discovery of new material facts. The appeal was dismissed, and the impugned order was maintained. Legal Basis / Sections Invoked: Section 263, Succession Act, 1925 – Revocation of Letters of Administration for “just cause.” Section 299, Succession Act, 1925 – Miscellaneous Appeal against lower court orders. Section 129, Transfer of Property Act, 1882 – Gift under Muslim law not requiring registration if completed. Order XLI Rule 5 CPC & Order 39 Rules 1 & 2 CPC – Interim/temporary measures (referenced in procedural filings). 2 Two-Word Descriptions for Case: Succession Dispute Administration Revocation Order Sheet   Through this Misc. Appeal filed under Section 299 Of the Succession Act, 1925, the appellants have called in question the Order dated 21.02.2026, passed by the IX Additional District & Sessions Judge, Karachi [East] in SMA 413 of 2025, whereby Application under Section 263 of the Succession Act, 1925, filed by the present appellants, seeking recalling and revoking Letters of Administration granted on 17.12.2021, was dismissed. As background of the present matter, Mst. Parveen Ayub expired on 26.04.2018 at Karachi leaving behind three legal heirs, namely; Lubna Ayub, Faisal Ayub and Omer Ayub. Lubna Ayub thereafter filed Succession Miscellaneous Application No.510 of 2021 before this Court seeking Letters of Administration in respect of the estate of the deceased, which was granted, vide order dated 17.12.2021. Subsequently, on the application of Faisal Ayub, this Court, vide consent order dated…
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