IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI s/o Abdul Rehman
by caste Abbasi, Muslim, adult,
Resident of House No.16, Shahbaz
Colony Tando Allahyar. ------------------------------ APPLICANT/PETITIONER
Versus
General Public at large. --------------------------------------- RESPONDENT
PETITION FOR SUCCESSION CERTIFICATE
U/S 372 OF SUCCESSION ACT.
The applicant/petitioner above named states as follows:-
1- That, deceased Abdul Rehman s/o Muhammad Ramzan died on
20-05-2008 at Tando Allahyar. (copy of CNIC of deceased and death certificate are attached herewith as annexure-A & B).
2- That, said deceased at the time of his death left his surviving following persons/heirs as his next-of-kin.
1) Mst. Khatoon Widow
2) Muhammad Ali Son
3) Shazia Daughter
4) Muhammad Kamran Son
5) Nazia Daughter
6) Adnan Son
7) Farhan Son
8) Faizan aged 12-years Son
9) Fariyal aged 10-years daughter
(Photo stat copies of CNICs of all the legal heirs and confirmation of heirs certificate are attached herewith as annexure-C, C/1 to ).
3- That, deceased has also left following debts/securities in his name in the following financial institutes and defense saving certificates:-
An amount in Account No.00870010580201
Habib Bank of Pakistan Tando Allahyar. Rs.164,679-03
An amount in A/C No.02 01006959-0 Rs. 83,191-01
(copy of bank’s certificate dated 10-09-2008 & 16-9-2008 are being filed herewith as annexures-D & E).
( 2 )
4- That, applicant/petitioner as son of deceased Abdul Rehman claims to be entitled to his share of the estate/securities/debts of deceased.
5- That, said deceased died intestate and that due diligent search has been made for a will but none has been found.
6- That, no application has been made to any court for, and no grant has been made of, any certificate, probate or letters of administration in respect of the debts, securities or estate of the said deceased and there is no impediment under section 370 or under any other provision of Indian Succession Act, 1925 or of other enactment to the grant of the certificate or the validity thereof, if it were granted.
7- That, the applicant/petitioner has truly set forth in schedule of property the debts and securities in respect of which the certificate is applied for.
PRAYER
The applicant/petitioner, therefore, prays that a succession certificate may kindly be granted to the applicant/petitioner in respect of the debts and securities set forth in schedule of property with power to collect the same from the concerned banks, encash the same and disburse among all the legal heirs of deceased named above as per their share.
Tando Allahyar
Dated: 13-08-2009 PETITIONER/APPLICANT
ADVOCATE FOR PETITIONER/APPLICANT
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Tand Allahyar on this 13th day of August, 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
DOCUMENTS FILED
1. NIC & death certificate of deceased
2. PSC of NIC of LRs
DOCUMENTS RELIED
Any other relevant document
ADVOCATE FOR PETITIONER
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI ------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
NO OBJECTION.
We the undersigned, all legal heirs of deceased Abdul Rehman have no objection if the succession certificate is granted to the applicant Muhammad Ali as he has no adverse interest to us and is a fit and proper person to be granted succession cetritifcate.
1) Mst. Khatoon
2) Muhammad Ali
3) Shazia
4) Muhammad Kamran
5) Nazia
6) Adnan
7) Farhan
Identified by me
ADVOCATE
Hyderabad
Dated: 05-08-2009
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI ------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
SCHEDULE OF PROPERTY.
An amount of Rs.164,679-03 in Account No.00870010580201 Habib Bank of Pakistan Tando Allahyar.
(Rupees One Lac Sixty Four Thousand Six Hundred Seventy Nine & Three paisas only)
Hyderabad ADVOCATE FOR
Dated: 05-08-2009 PETITIONER/APPLICANT
For immediate use only
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI ------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
AFFIDAVIT.
I, Muhammad Ali s/o Abdul Rehman, by caste Abbasi, Muslim, adult, Resident of House No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-
1- That, I am petitioner/applicant in the above matter, as such am well conversant with the facts of the matter.
2- That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.
3- That, I am one of the legal heir of my deceased father namely Abdul Rehman Abbasi alongwith my other brothers and sisters and my mother Mst. Khatoon who have no objection to the grant of succession certificate in my favour.
4- That, all the legal heirs of deceased Abdul Rehman have no adverse interest to each other.
5- That, there is no other legal heir of my deceased father, except myself and my above named brother, sisters and mother.
6- That, contents of accompanying petition may please be treated as part and parcel of this affidavit for the sake of brevity.
7- WHATEVER stated above are true and correct to the best of my knowledge and belief.
Tando Allahyar
Dated: 13-08-2009 ( DEPONENT )
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI ------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
AFFIDAVIT.
I, Mst. Khatoon wd/o Abdul Rehman Abbasi, Muslim, adult, Resident of House No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-
1- That, I am real mother of applicant/legal heir of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.
2- That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.
3- That, I am one of the legal heir of my deceased husband namely Abdul Rehman Abbasi alongwith my sons and daughters and there is no other legal heir of deceased Abdul Rehman except us.
4- That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.
5- That, applicant has no adverse interest to me as he is my real son and legal heir of deceased Abdul Rehman.
7- That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman suffer irreparable loss and injury.
8- WHATEVER stated above are true and correct to the best of my knowledge and belief.
Tando Allahyar
Dated: 13-08-2009 ( DEPONENT )
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
IN THE COURT SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI ------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
AFFIDAVIT.
I, Shazia d/o Abdul Rehman Abbasi, Muslim, adult, Resident of House No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-
1- That, I am daughter of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.
2- That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.
3- That, I am one of the surviving legal heirs of my deceased father Abdul Rehman alongwith my other brothers, sisters and mother, and there is no other legal heir of deceased Abdul Rehman except us.
4- That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.
5- That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Abdul Rehman Abbasi.
7- That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman Abbasi suffer irreparable loss and injury.
8- WHATEVER stated above are true and correct to the best of my knowledge and belief.
Tando Allahyar
Dated: 13-08-2009 ( DEPONENT )
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 05th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI ------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
AFFIDAVIT.
I, Muhammad Kamran s/o Abdul Rehman Abbasi, Muslim, adult, Resident of Hous No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-
1- That, I am daughter of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.
2- That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.
3- That, I am one of the surviving legal heirs of my deceased father Abdul Rehman alongwith my other brothers, sisters and mother, and there is no other legal heir of deceased Abdul Rehman except us.
4- That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.
5- That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Abdul Rehman Abbasi.
7- That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman Abbasi suffer irreparable loss and injury.
8- WHATEVER stated above are true and correct to the best of my knowledge and belief.
Tando Allahyar
Dated: 13-08-2009 ( DEPONENT )
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI ------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
AFFIDAVIT.
I, Nazia d/o Abdul Rehman Abbasi, Muslim, adult, Resident of Hous No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-
1- That, I am daughter of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.
2- That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.
3- That, I am one of the surviving legal heirs of my deceased father Abdul Rehman alongwith my other brothers, sisters and mother, and there is no other legal heir of deceased Abdul Rehman except us.
4- That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.
5- That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Abdul Rehman Abbasi.
7- That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman Abbasi suffer irreparable loss and injury.
8- WHATEVER stated above are true and correct to the best of my knowledge and belief.
Tando Allahyar
Dated: 13-08-2009 ( DEPONENT )
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI ------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
AFFIDAVIT.
I, Adnan s/o Abdul Rehman Abbasi, Muslim, adult, Resident of Hous No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-
1- That, I am daughter of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.
2- That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.
3- That, I am one of the surviving legal heirs of my deceased father Abdul Rehman alongwith my other brothers, sisters and mother, and there is no other legal heir of deceased Abdul Rehman except us.
4- That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.
5- That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Abdul Rehman Abbasi.
6- That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman Abbasi suffer irreparable loss and injury.
7- WHATEVER stated above are true and correct to the best of my knowledge and belief.
Tando Allahyar
Dated: 13-08-2009 ( DEPONENT )
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI ------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
AFFIDAVIT.
I, Farhan d/o Abdul Rehman Abbasi, Muslim, adult, Resident of Hous No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-
1- That, I am daughter of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.
2- That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.
3- That, I am one of the surviving legal heirs of my deceased father Abdul Rehman alongwith my other brothers, sisters and mother, and there is no other legal heir of deceased Abdul Rehman except us.
4- That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.
5- That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Abdul Rehman Abbasi.
6- That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman Abbasi suffer irreparable loss and injury.
8- WHATEVER stated above are true and correct to the best of my knowledge and belief.
Tando Allahyar
Dated: 13-08-2009 ( DEPONENT )
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI ------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
APPLICATION U/O 32 RULE-3.
It is respectfully prayed on behalf of Mst. Khatoon that this Honourable court may be pleased to appoint Mst. Khatoon as guardian ad-litem of the minors namely Faizan aged 12-years and Fariyal aged 10-years being their real other having no adverse interest.
Prayer is made in the interest of justice
Tando Allahyar
Dated: 13-8-2009 ADVOCATE
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI --------------------------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
AFFIDAVIT.
I, Mst. Khatoon wd/o Abdul Rehman Abbasi, Muslim, adult, Resident of House No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-
1- That, I am real mother of applicant/legal heir of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.
2- That, present affidavit and accompanying succession petition/application and application U/O 39 Rule-3 CPC have been drafted and filed under my instructions and contents of the same are true and correct.
3- That, I am one of the legal heir of my deceased husband namely Abdul Rehman Abbasi alongwith my sons and daughters and there is no other legal heir of deceased Abdul Rehman except us.
4- That, minors Faizan aged 12-years and Fariyal aged 10-years are under my legal custody as I am their real other having no adverse interest and other legal heirs have no objection, I am appointed guardian ad litem of both the minors
5- That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.
6- That, applicant has no adverse interest to me as he is my real son and legal heir of deceased Abdul Rehman.
7- That, if the succession certificate is not granted in favour of applicant as well as the instant application for appointing me guardian ad litem, I, applicant and other legal heirs of deceased Abdul Rehman suffer irreparable loss and injury.
8- WHATEVER stated above are true and correct to the best of my knowledge and belief.
Tando Allahyar
Dated: 13-08-2009 ( DEPONENT )
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
For immediate use only
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI --------------------------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
AFFIDAVIT.
I, Muhammad Ismail s/o Khessa, by caste Abbasi, muslim, adult, Resident of Tando Allahyar, do hereby state on oath as under:-
1- That, I know late Abdul Rehman Abbasi since last 20 years as such am well conversant with the facts of the matter.
3- That, said deceased Abdul Rehman Abbasi was expired on
20-05-2009 at Tando Allahyar and at the time of his death he has left behind her following legal heirs.
NAME OF LEGAL HEIRS RELATIONSHIP
1) Mst. Khatoon Widow
2) Muhammad Ali Son
3) Shazia Daughter
4) Muhammad Kamran Son
5) Nazia Daughter
6) Adnan Son
7) Farhan Son
8) Faizan aged 12-years Son
9) Fariyal aged 10-years daughter
4- That, to the best of my knowledge, I know that there is no other legal heirs of deceased Abdul Rehman Abbasi except the above named persons.
5- That, for the sake of brevity contents of accompanying application may be treated as part and parcel of this affidavit.
6- WHATEVER stated above are true and correct to the best of my knowledge and belief.
Tando Allahyar
Dated: 13-08-2009 ( DEPONENT )
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
For immediate use only
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc. Application No. of 2009
MUHAMMAD ALI --------------------------------------- APPLICANT/PETITIONER
versus
General Public at large. -------------------------------- RESPONDENT
AFFIDAVIT.
I, Shahnawaz Ali s/o Muhammad Anwer Ali, muslim, adult, Resident of Tando Allahyar, do hereby state on oath as under:-
1- That, I know late Abdul Rehman Abbasi since last 20 years as such am well conversant with the facts of the matter.
3- That, said deceased Abdul Rehman Abbasi was expired on
20-05-2009 at Tando Allahyar and at the time of his death he has left behind her following legal heirs.
NAME OF LEGAL HEIRS RELATIONSHIP
1) Mst. Khatoon Widow
2) Muhammad Ali Son
3) Shazia Daughter
4) Muhammad Kamran Son
5) Nazia Daughter
6) Adnan Son
7) Farhan Son
8) Faizan aged 12-years Son
9) Fariyal aged 10-years daughter
4- That, to the best of my knowledge, I know that there is no other legal heirs of deceased Abdul Rehman Abbasi except the above named persons.
5- That, for the sake of brevity contents of accompanying application may be treated as part and parcel of this affidavit.
6- WHATEVER stated above are true and correct to the best of my knowledge and belief.
Tando Allahyar
Dated: 13-08-2009 ( DEPONENT )
I know the deponent above named.
( Advocate )
The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
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