IN THE COURT OF MUBESHAR HASSAN,

CIVIL JUDGE 1ST CLASS ISLAMABAD-WEST

SUCCESSION PETITION NO. 12/2019
DATE OF INSTITUTION: 09.02.2019
DATE OF DECISION: 19.03.2019
Shahid Abbasi Versus Public at Large

APPLICATION FOR GRANT OF SUCCESSION CERTIFICATE

O R D E R
19.03.2019
The petitioner Shahid Abassi s/o Muhammad Shafique has filed
the instant application for issuance of succession certificate regarding the legacy
mentioned in column No. 6 of the petition, left by Muhmmmad Shafique s/o
Muhammad Jan, who expired on 23-05-2004. That the deceased left behind the
following legal heirs:-
Sr. Name Relationship
1. Mst. Khatoon Bibi Widow
2. Mst. Sobia Amjad Daughter
3. Mst. Alia Bibi Dauther
4. Shahid Abbasi Son
5. Mst. Aqsa Bibi Daughter (Minor)
2. Service of public at large was affected through proclamation in the
newspaper ” Daily Dunya” but no one appeared from the public at large to contest
the instant petition hence, ex-parte proceedings were initiated against public at
large vide order dated 23.02.2019.
3. In ex-parte evidence, petitioner Shahid Abassi appeared for
himself as well as being special attorney of Mst. Khatoon Bibi, Mst. Sobia Amjad,
and Mst. Alia Bibi as Aw-1, he filed special power of attorney in evidence as ExA-1
and his affidavit in evidence as ExA-2, whereby he reiterated the averments of
petition on oath. Aw-1 deposed that his father died on 25-03-2004, leaving behind
a widow, three daughters and a son at Islamabad. That the parent of the
deceased has died. That there is no other legal heir of the deceased except a
widow, three daughters and a son. That deceased was account holder of MCB
Nasirabad Branch, Rawalpindi. That a sum of Rs. 172,188.10/-, is lying in the
stated account of the deceased and in this respect succession certificate is
required. In documentary evidence petitioner produced copy of family registration
certificate as ExA-3, death certificate as ExA-4 and bank statement as Mark-A.

4. Ex-parte arguments heard and record perused.

5. Perusal of record shows that the petitioner has filed the instant
application for issuance of succession certificate in respect of legacy mentioned in
column No. 6 of the petition. In order to establish his stance petitioner
entered into the witness box as Aw-1, he filed special power of attorney as
ExA-1 and his affidavit in evidence as ExA-2, whereby he reiterated the
averments of petition on oath. The stance of the petitioner is also supported
by documentary evidence. Evidence of the petitioner has gone un-rebutted
and un-challenged. There is nothing in rebuttal. From the ex-parte evidence
produced by the petitioner, it is proved that the persons mentioned in ExA-
3 are the only legal heirs of the deceased namely Muhmmmad Shafique s/o
Muhammad Jan, who expired on 23-05-2004. Therefore, the petition in
hand is allowed and let succession certificate be issued in the manner that
the petitioner as well as other legal heirs of the deceased except the minor
Daughter namely Mst. Aqsa Bibi are entitled to withdraw the amount
including profit (if any) from the bank account of the deceased mentioned
in column No. 6 of the application to the extent of their respective shares
subject to filing of local surety bond of equivalent amount. Share of the
minor daughter will remain intact till attaining the age of majority however,
her lawfully appointed guardian may draw her respective share after
obtaining the permission from the competent court of law. If the
petitioner is found to have concealed the facts regarding any other legal
heir of the deceased, she will be liable to criminal action/ proceedings and
succession certificate shall deem to be cancelled. No order as to costs. File
be consigned to record room after its due completion.

Announced (Mubeshar Hassan)

19.03.2019 Civil Judge 1st Class-West
Islamabad
Certified that this order consists of two pages, each of which has been dictated,
read, corrected and signed by me.

(Mubeshar Hassan)
Civil Judge 1st Class-West
Islamabad