1047/2011 Suit MST. PARVEEN JAMAL HASSAN (Plaintiff) V/S MST. FATIMA BEGUM (Defendant)

1047/2011 Suit MST. PARVEEN JAMAL HASSAN (Plaintiff) V/S MST. FATIMA BEGUM (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 12-FEB-15

Succession Act (XXXIX of 1925)--- ----Ss. 284, 278 & 372---Sindh Chief Court Rules (O.S.), R.413---Grant of Letter of Administration in respect of immovable property of deceased---Caveats against grant of Letter of Administration---Alleged oral gift---Succession petition was supported with "no objection" affidavits of three legal heirs, however, one remaining legal heir filed caveat under S.284 of the Succession Act, 1925 contending that deceased had orally gifted suit property solely to him---High Court converted petition into a suit as per R.413 of the Sindh Chief Court Rules (O.S.) and held that burden of proving the said oral gift was on the caveator, however, he failed to appear as a witness to prove his claim of oral gift of the property in dispute and also failed to cast doubt on evidence led by the petitioner and her witnesses in support of her claim of seeking Letter of Administration of the property of the deceased---Caveator had not disputed relationship of the petitioner and other legal heirs with the deceased and had failed to prove the alleged gift and did not produce any witnesses to confirm the contents of declaration of the said oral gift---Caveat filed by the caveator/objector was dismissed and High Court directed that Letter of Administration be issued to the petitioner in accordance with the Rules---Petition was allowed, accordingly.