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Suit No. 279 of 1978, decided on 20th December 1978.
--- S. 27-Service of summons through registered post---Deemed to be sufficient service if envelop-- containing summons addressed properly-Postal receipt in respect of transmission of Summons produced in evidence and summons not returned-Presumption held, arises of summons having been received by addressee-Civil Pro cedure Code (V of 1908), O. V, r.10-A.-[Presumption].
---Presumption-Majority sect of Muslims in Pakistan being Sunni Hanafi Sect, a Muslim of Pakistan, in absence of any evidence to contrary, held, presumed to belong to majority sect of Sunni Hanafi Muslims.---[ Presumption].
---- Administration of estate of deceased--Deceased at time of her death domiciled in a city in Pakistan--Law of country of domicile being applicable estate of deceased, held, to be administered rind distributed in accordance with Sunni Hanafi Muslim Law as in force
in Pakistan. -[Muhammadan Law].
Private International Law. VIth Edn., p. 550 ref.
--- Will-No bequest by will in favour of heirs, held, can be made without consent of other heirs after death.
Principles of Mohammadan Law by Mulla : Ihsan Ilahi v. Hakam Ja. P L D 1967 S C 200 and Dicey & Morris on Conflict of Laws 8th Edn ref.
S. Nasiruddin for Plaintiffs.
Shahenshah Hussain for Defendants.
Date of hearing : 13th December 1978.
This suit has been brought by the plaintiffs for the administration of the estate of their daughter Dr. Altaf Begum Shapero. The relevant facts may be briefly stated as under :
It is the case of the plaintiffs" as stated in the plaint that the plaintiff No. 1 is the father and Plaintiff No. 2 is the mother and defendants Nos. 2 and 3 are the daughters of Dr. Altaf Begum Shapero who died in Karachi within the jurisdiction of this Court on 11-11-1977 when she was on a training fight on -CESSNA" a small aeroplane of Karachi Aero Club as an under-training pilot during the night when the said plane fell down and crashed near the Karachi Airport. She was buried in PECHS graveyard which is exclusively meant for Muslims. Dr. Altaf Begum Shapero was a specialist Obhatetrician and gynecologists and lady surgeon in Liaquat National Hospital. Karachi. She hay been living in Karachi since 1973.
Dr. Altaf Begum was married to Mr. G. D. Shapero but was divorced on 2-5-1973. Out of said wedlock two daughters, defendants Nos. 2 and 3 were born.
She had executed a will (Exh. P,'9) on 18-6-1973 in favour of Royal Trust Corporation of Canada in respect of her movable and immovable properties and had also appointed by the same will her brother Muhammad Sultan Malik and his wife Ishtiaq Fatima Malik as the joint guardians of the persons of defendants Nos. 2 and 3. The will was executed in Swift Current, Saakatchewan, Canada.
The plaint further states that deceased left debts/securities/shares/ Insurance Policies and Traveller Cheques in Karachi, in several cities in the Provinces of Canada, in several cities in the United Kingdom, in Bridgetown, Barbadeon, West Indies, and in Singapore. Particulars of these properties have been given in the Schedule Exh. P/6, and the liabilities are shown in Exh. P/7.
The plaintiffs have claimed shares in these assets including debts/ securities, shares, insurance policies, etc. in accordance with Sunni Hanafi Muslim Law, by which the deceased was governed and have further claimed that the will dated 18-6-1973 is not valid and is not binding on the plaintiffs and as such the will is inoperative in law.
The defendant No. 1 who were appointed as executors of the will (Exh. P/9) by the deceased have not acknowledged the summons addressed to them at their proper address through registered post as required under Order V, rule 25, C. P. C.
The defendant No. 1 did not enter appearance in Court although they have clearly expressed their knowledge of the pendency of this suit in this Court in their letter (Exh. P/11) dated 23-8-1978 addressed to Mr. S. Nasiruddin, the plaintiff's Advocate. This letter also gives their correct address on which address the summons have been sent to them through post at several times which the defendant No. I have failed to acknowledge. Under section 27 of the General Clauses Act, 1897 summons sent by registered post would be deemed to be sufficient service, if the envelope containing summons Is addressed properly. Postal receipt No. 182 dated 14-10-1978 (Exh. P/12) under which the summons were sent to the defendant No. 1 has been produced. The summons have not been return ed. Therefore, a presumption of law arises that the summons have been received by the defendant No. 1 and service on them is deemed to have been duly effected and it has rightly been ordered that the suit must proceed ex parte against the defendant No. 1. A date was fixed to give them a further chance for filing written statement on 25-I 1-1978 which was not availed of by the defendant No. 1. The matter was therefore, fixed in Court for further proceedings on 5-I2-1978.
The defendants Nos. 2 and 3 have not denied the shares which the plaintiffs are entitled under Muslim Law of Inheritance according to Sunni Hanafi School of Jurisprudence. However, they have also pleaded that under Muslim Law the deceased was competent to give away only 1/3 of her entire estate.
The following issues are entitled by the Court on the suggestions with the consent of the learned counsel for the plaintiffs and defendants Nos. 2 and 3 :-
(1) Whether Dr. Altaf Begum Shapero was a Sunni Hanafi Muslim and if so, whether the law of the country of domicile at the time of her death will apply to the administration of the estate of the deceased.
(2) Whether the will dated-18-6-1973 is valid and binding on the Plaintiffs, if so, what is its effect
(3) What law should apply to the administration of the estate upto the point of distribution
(4) What are the total assets and liabilities left by Dr. Altaf Begum Shapero deceased in Pakistan or Ex-Pakistan
(5) What should be the shares of the Plaintiffs and of defendants Nos. 2 and 3 in the estate left by the deceased
(6) Whether defendants Nos. 2 and 3 through their joint guardians are in control of Management of the properties left by the deceased
(7) Are the defendants 1, and 3 liable to render accounts as prayed by the plaintiffs
(8) What should the decree be
Now, I proceed to consider the issue.
That Dr. Altaf Bugum Shapero is shown as a Muslim in the applica tion for admission to Canada dated 27-11-1976 (Exh. P/2). This applica tion bears her signature and the signatures on (Exh. P/2) and will (Exh. P/9) clearly show that both the signatures are of one and the same person. The comparison of the signatures is permissible under section 73 of the Evidence Act. She, according to the Death Certificate (Exh. P/4), is also shown as a Muslim and she was buried in P. H. C. H. S. Graveyard per (Exh. P/5) which is exclusively meant for Muslims. It is stated in the plaint that deceased belonged to Hanafi Sect of Muslims. This is not denied by defendants Nos. 2 and 3 in their written statement. In fact, they have stated in the written statement that they are also Hanafi Muslims.
Even otherwise, it is settled that in this country, in the absence of any evidence to the contrary, a Muslim is presumed to belong to the majority sect of Muslims which in Pakistan is the Sunni Hanafi Sect. Therefore, there cannot be any doubt in holding that the deceased was a Sunni Hanafi Muslim. Accordingly, I hold that she was domiciled in Karachi, Pakistan, and therefore the law of the country of domicile will apply and the estate of the deceased will be administered and distributed in accordance with Sunni Hanafi Muslim Law in force in Pakistan.
I am fortified in my views by the principles enunciated by Cheshire in his book entitled "Private International Law, VIth Edition",. page 550" One of the cardinal rules of Private International Law, as we shall see later, is that the movable property of a deceased person, so far as concerns either testate or intestate succession in regulated by the law of the country in which he died domiciled"
Therefore, the succession to the estate of the deceased will be governed by the Muslim Law in force and operative in Pakistan.
The will dated 18-6-73 (Exh. P/9) is invalid and not binding on the Plaintiffs and inoperative in law inasmuch as it has been made to favour of Sina Yasmin Shapero and Muna Rochello Shapero who are daughters of and heirs to, Dr. Altaf Begum Shapero deceased who has executed the said will. The Muslim Law is very clear on this point which lays down that no bequest by will can without the consent of either heirs after the death of the testator be made to an heir. See Article 117, p. 123 o Mulla's Principles of Mohammadan Law by M. Hidayatullah, former Chief Justice of India (7th Edition). It lays down : "Bequests to heir. "A bequest to an heir is not valid unless the other heirs consent to the bequest after the death of the testator". This principle has been upheld by the Supreme Court of Pakistan in Ihsan Ilahi v. Hakam Jan (P L D 1967 S C 200). The Supreme Court of Pakistan, speaking through, Cornelius C. J. has observed at page 211. "A will in favour of an heir requires the consent of all the other heirs to be valid in Muslim Law, and here no consent is shown."
In the present case also the will dated 18-6-73 (Exh. P/9} has been made in favour of heirs and the Plaintiffs, as other heirs, have not given their consent to the will (Exh. P/9), after the death of the testator. The will (Exh. P/9) is therefore, invalid, inoperative in law and not binding on the Plaintiffs and therefore it has to be completely ignored from consideration for purposes of administration of the estate of the deceased.
What law would apply to the administration of the estate of the deceased upto the point of distribution, I would, in this connection, refer to rule 92 from Dicey & Morris on "the Conflict of Laws", 8tth Edition which reads as follows :--
"Rule 92.-The administration of deceased person's assets is govern ed wholly by the law of the country from which the personal representative derives his authority to collect them."
The learned authors in support of the rules have placed reliance on Preston v. Melville ((1841) 8 Cl. & F 1 ). Re : Loobo ((1884) 28 Ch. D 175), Lorillard ((1922) 2 Ch. 638 (C A)), Charran v. Mantreal Trust Co. ((1959) 15 D L R 240). However, the above rule is to be read in conjunction with the provisions of rule 93 mentioned in the aforesaid book which read as follows :-
"Rule 93.-A grant of representation or other authority to represent a deceased person under the law of a foreign country has no operation in England.
Provided that-
(1) The foreign personal representative. of a person who died domiciled out of the United Kingdom may recover money payable in England in respect of policy of life insurance effected by the deceased ;
(2) A person who has a grant of representation or otherwise has authority to represent a deceased person under the law of a foreign country where the deceased died domiciled may apply to the Court for an order for the transfer to him of the net balance of assets under the English administration but is not entitled as of right to such an order ;
(3) A foreign personal representative has a good title in England to any movables of the deceased (whether tangible, i.e., goods, or intangible, chosen in action) to which he has in a foreign country acquired a good title under the lex sites and reduced its possession."
The plaintiffs have filed a schedule of liabilities which is marked as Exh. P/7 and also schedule containing the details of the agents left by the deceased Dr. Altaf Begum Shapero in Pakistan, Canada, United Kingdom, Singapore, and West Indies. This schedule is marked as Exh. P/6 and is reproduced herein below in full. The defendants Nos. 2 and 3 have not challenged the same. However, it will be open to the administrator to find out what agents the deceased has left and what properties are incumbered as per direction given hereinafter.
______________________________________________________________________
Description and date of
S, No. Name of Debtors Amount of Instrument if any by which
debts the debt is secured
______________________________________________________________________
1 2 3 4
_______________________________________________________________________
Rs.
1. Habib Babib Ltd. 36,813.27 F/D A/C No. 5768-4
C. C. B. Branch Saddar, Balance as on 26-12-77 in
Karachi the name of Dr. A. B.
Shapero.
2. United Bank Ltd. 9,508.32 F/D A/C No. 6746
P. I. A. Colony Br. Balance as on 10-12-1977
Karachi in the name of Dr. A. B.
Shapero.
3. Habib Bank Ltd. 8,000.00 Fixed Deposit Account
P. I. A. Colony Br. P. R. No. PAA 214666 dated
Karachi 8-1-1977 in the name
of Gian Yasmin Shapero
minor daughter of Mr. A.
B. Shapero (Guardian).
4. United Bank Ltd. 8,034.64 S/B Account No. 904-0
Colony Bazar Branch Balance as on 12-12-77 in
Adamji Nagar, Karachi the name of Mr. A. B.
Shapero.
5. Muslim Commercial Bank 5,233.00 S/B Account No. 592 in
Ltd. Tippu Sultan Road, the name of Dr. A. B.
Adamji Nagar, Karachi Shapero.
6. Liaquat National 26,941.60 1. Outstanding salaries
Hospital Stadium Rs. 5,100.00.
Road, Karachi 2. Group Insurance
Rs. 18,000.
3. Operation fee, etc. with
hospital 740,50 of Dr. A.B.
Shapero.
7. Hillman Hunter, 18,000 Registered in the name of
1-2-1726 Model 73 Horse Dr. A. B. Shapero.
No. 1726 Engine and Chasis
No. 30640,4339.
8. Habib Bank Ltd., 1,500 1. S/B. account No. 9846 in
P. I. A. Colony the name of Gian Yasmin
Branch Karachi Shapero.
(Minors A/C) 2. S/B. Account No. 8941-3
in the name of Muna
Rochelle Shapero.
3. S.B. Account No. 13384-8
in the name of Rohaila
Yasmin Malik Guardian
Dr. A. R. Shapero deposit
ed by her on their behalf.
9. Pakistan International 27,457.00 For services rendered to
Air Lines, P.I. A. Personnel from
Karachi October, 1976 to 11th
November, 1977 by Dr.
A. R. Shapero.
10. The Karachi Aero 9,000.00 Flying Deposit by Dr. A. B.
Club Ltd., Karachi Shapero.
11. Medicare Clinic, 4,100.00 1. Professional fee Rs. 1,000.
Shaheed-i-Millat Road,
Karachi
2. Cost of Equipment and
furniture Rs. 300.
3. Cost of weighing machine
speculem, etc. Rs. 700.
4. Cost of writing table,
almirah, wooden cupboard
valued at Rs. 1,700.
5. Two wall paintings valued
at Rs. 400 due to Dr.
A. B. Shapero.
12. Trading Corporation of 1,300.00 Bills for professional
Pakistan, Trust House, I. I. services rendered by Dr.
Chundrigar Road, Karachi A. B. Shapero.
13. Sui Gas Ltd., 120.00 Bills for professional ser
5th Floor, State Life Building vices rendered by Dr.
No. 3 Dr. Ziauddin Ahmed A. B. Shapero.
Road, Karachi
14. Pak. Petroleum Ltd., 120.00 Bills for professional ser-
PIDC House, Karachi vices rendered by Dr. A.B.
Shapero.
15. Karachi Electric 60.00 do
Supply Corp.. Ahmad
House, Abadullah Haroon
Road, Karachi
16. Pakistan Steel Mills Corp., 60.00 do
State Life Building, I. I.
Chundrigar Road,
Karachi
17. Pakistan Medical 60.00 do
Research Council
Karachi
18. General Manager Telephone No. 436919 at
Telephones Karachi 7-Bahadur Yar Jang Coop.
Telecomm Region Housing Society OPP- Amir
Telephone House, Khosro Road, Karachi in
Karachi the name of Dr. A. B.
Shapero.
19. do Telephone No. 76547 at
Haroon Chambers, Road
No. 2-3rd Floor Abdullah Haroon Road, Karachi, in the name of Dr. A. B.
Shapero.
20. American Express
Company I. I. Chundrigar 11,800.00 1.10 U S A Travellers
Road, Karachi Cheques No. S.B. 7604.986
to A. 1. 76345.926 of the
value USA 1000 in the
name of Dr. A.B. Shapero.
_______________________________________________________________________
_______________________________________________________________________
Account of Description and date
debt includ- of instrument if any by
S. No. Name of Debtors ing interest which the debt is secured.
on the date
of filing of
suit.
_______________________________________________________________________
1 2 3 4
_______________________________________________________________________
Rs.
1. Bank of Montreal, 9,044.19 Account No. 5046-917 in
Shoppers Park the name of Dr. A. B.
Westamount 348 Shapero.
Shoppers Park
Westamount P. O. Box
No. 3620, Simentan.
Aite, 1511217 (Canada)
2. The Royal Bank of Canada 340.70 Personal chequing Ac-
P. O. Box No. 430, Swift count -No. 593-371-1 in the
Current, Saakatchewan name of Dr. A. B.
(Canada) Shapero.
3. do 840.58 Saving Account No. 753
018 in. the name of Dr.
A. B. Shapero.
4. do 3,000.00 Terms Deposit No.
1039373 in the name of
Dr. A. B. Shapero.
5. The Royal Bank of Canada 2,000.00 Terms Deposit No.
P. O. Box No. 430, Swift 1039874 in the name of
Current, Saakatchewan Dr. A. B. Shapero.
(Canada)
6. Baton's Credit Office, 702.00 Account No. 349 426 41 in
P. O. Box No. 2800 Win- the name of Dr. A. B.
nipeg, Manitola R 3 C 301 Shapero.
Canada
7. The Royal Bank of Canada 300.00 Certificate No. I 160903-1
Bank Office, building Box (S) shares of Royal Bank
No. 4001, Montreal Quebec, of Canada. In the name
113C, 3A9 Canada of Dr. A. B. Shapero.
8. Wastern Savings & Credits 1,430,03 Share/Saving Account No.
Union Ltd., 168, Avenue 16880/.1439.03.
A.N. Swift Current
Saskatchewan(Canada)
9. do 500.00 Terms deposit (with in-
terest).
10. Western Savings & Credits 1,469.95 Insurance benefits in the
Union Ltd., 166, Avenue name of Dr. A. B.
N. K. Swift Current Shapero.
Saakatchewan (Canada)
11. Growth Investment Ltd., 950.95 Account No. 51269 shares
1957 Alta Vista Drive, 50.686 in the name of Dr.
Ottwa's Ontario, KIG QOB A. B. Shapero.
12. The Royal Trust Company 8,310.00 Registered retirement Sav
700 the Dome Tower ing plan. Cash 1,877.10.
Torento Dominion Square, 50 shares Inco. Ltd. 9000
Calgary, Alberta (Canada) Woodward Stores Ltd.
Debetures, 1000 Nuwest
Development Corporation
Debentures in the name of
Dr. A. B. Shapero,
13. Investors Syndicates
Ltd., 230 Broadway 8,729,25 Account No. 1300-22807.
Winnipeg, Canada, Issuing Company. Inves
13C 316 ters Japanese Growth
Fund Limited in the name
of Dr. A. B. Shapero.
14. Peslerton Securities Ltd., 914.06 Account No. 75-761-S-C5
Box No. 49150, Three Income account in the
Dental Centre, Vanconver name of Dr. A. B.
I. C. 7 (Canada) Shapero.
15. Penterton Securities Ltd., 9,000.00 4000.00 Per Value
929 355 8th Avenue, S. W. ward Stores, Ltd.,
Calgery, Alberta T2P-109. 5000.00 Per Value D. C.
Telephone Co.
16. Penterton Securities Ltd. 746.90 Cash Balance.
920 365 8th Avenue, S. W.
Calgary, Alberts T28-109
17. do 1,039.65 Royal Tract Company
663000 in the name of
Dr. A. B. Shapero.
18. Great West Life, Co. 6,856.51 Policy No. 1701/743 in the
Osborne Street, North name of A. B. Shapero.
Winnipeg, Manitole R3C
3AS Canada
19. Great West Life Co., 10,662.06 Policy No. 1943 729 (The
Osborne Street. North proceeds of Policy No.
Winnipeg, Manitola. R3C 1943 729 and 1701 743
3AS Canada Have a registered retire-
ment plan of the value of
9,766.68 in the name of
Dr. A. B. Shapero.
20. Great West Life Co, 4,000.00 Policy No. 1701 744 for
Ostorne Street, North Gina Yasmin Shapero-
Winnipeg, Manitola R3C Minor.
3AS Canada.
21. do 4000.00 Policy No. 1701 745 for
Muna Rochelle Shapero-
Minor daughter of Dr.
A. B. Shapero.
22. Bank of Montreal 160.10 The Saving Account
Drumbeller Alta, No. 73668 in the name of
TOJ OYO Dr. A. B. Shapero.
23. Torento Dominion Bank, Value un- Key No. 26, Safety De
3487 Kingston Road and ascertainable posit Box No. 293 in the
Markhen, Road Scarlo- name of Dr. A. B.
rough, Osterio, Canada Shapero.
24. he Royal Bank of Canada, do Key of Locker No. 3835
Box No. 1203 Thomson, Box No. 368 in the name
Manitoba, Canada of Dr. A. R. Shapero.
25. Page' The Cleaner & do Bank Contract Contract No.
Supplier Ltd. 13036-97 St. storage A-1006/1977 in
Edmonton 30, Alta the name of Dr. A. B.
Canada Shapero.
26. Wayburn Cooperative Value un- One Share No. 1651 issued
Association Ltd. Wayburn ascertain- in favour of Dr. A. B.
Sec. Katchewan, Canada able Shapero.
1. Lloyds Bank Ltd., 91.81 Account No. 0027-95-1
14 High Street Sutton in the name of Dr. A. B.
Coldfield West Midlands Shapero.
B-72 IZU United Kingdom
2. Bradford & Bingey Build- 139.85 Account No. 010/B/ 0989
ing Society, P. C' Box 2, 35.M. in the name of
Bingley West, Yorkshire, Dr. A. B. Shapero.
E D 16 2 LW United
Kingdom
3. -do-- 670.76 Account No. 010/P
244468. J. in the name of
Dr. A. B. Shapero
4. -do-- 840.00 Account No. 010/E/
014915 in the name of
A. B. Shapero.
5. -do-- 114.66 Account No. 010/P/
348708 J. in the name of
Dr. A. B. Shapero.
6. Norwich Union Life 1,518.00 Policy No. 1837907 in
Insurance Society, P. O. the name of Dr. A. B.
Box No. 4, Surrey Street, Shapero.
Norwich N R 1 310
United Kingdom.
7. -do- 67.01 Policy No. 1837908.
At present 67.01 due
and payable 173.00 is
due on benefit date, i.e.
2.6.1986 in the name of
Dr. A. B. Shapero.
8. Norwich Union Life 94.60 Policy No. 1838602. At
Insurance Society, P. O. present .94.60 is due
Box No. 4, Surrey Street, and payable. .182.00 is
Norwich ER1 3ng United due on benefit dated, i. e.
Kingdom. 2.6.1987 in the name of
Dr. A. B. Shapero.
9. Accountant General Bank 5.00 Prize Bond D200585
of Ireland, Dublin. One Unit, in the name of
Dr. A.B. Shapero.
1. Canadian Imperial Bank BDS 263.58 Savings Account No. 12637
of Commerce P.O. Box in the name of Dr. A.B.
No. 405, - Bridge Town, Shapero.
Barbados (West Indies).
2. Barclays Bank Inter- 114. 64 Account No. 143732 in
national .Ltd. P. O. Box the name of Dr. A. B.
No. 301, Broad Street Shapero.
Bridge Town Barbados
(West Indies).
Habib Bank Limited. Current Account.
Grand Building Phillips
Street, Singapore. 908.35 No. 934 in the name of
Dr. A.B. Shapero.
________________________________________________________________________
The plaintiff No.1 is the father and plaintiff No. 2 is the mother and defendants Nos. 2 and 3 are the daughters of Dr. Altaf Begum Shapero deceased. According to Muslim Law they are entitled to shares as follows. (See Muhammadan Law by Mulla).
(1) Plaintiff No. 1. 1/6th share.
(2) Plaintiff No. 2. 1/6th share.
(3) Defendant No. 2. 1/3rd share;
(4) Defendant No. 3. 1/3rd share.
The plaintiffs and defendants Nos. 2 & 3 are therefore, entitled to get their respective shares from the estate of the deceased after the deduction of the liabilities.
Mohammad Sultan Malik brother of the deceased and Ishtiaq Fatima Malik wife of Mohammad Sultan Malik the joint guardians of the person and properties of the defendants Nos. 2 and 3 have been appointed as joint guardians under section 7 of Guardians and Wards Act, 1890 by order dated 29-5-1978 (as amended subsequently) by the District Judge, Karachi. A photostat copy of the certificate order which has been made during the pendency of the present administration suit is Exh. B/2. They therefore, are deemed to be in control and management of the properties left by the deceased (all movable) in Pakistan and Ex-Pakistan.
The joint guardians to defendants Nos. 2 and 3 are in control and management of all the properties left by the deceased in Pakistan and Ex-Pakistan and they are required to render accounts for the purpose of administration of the suit properties and for distribution thereof in accordance with Muslim Law.
Accordingly, it is ordered that there shall be a preliminary decree in the plaintiff's favour as under :-
(1) That the estate of Dr. Altaf Begum Shapero deceased consisting of properties mentioned in Exh. P/6 and reproduced under issue No. 4 hereinbefore and other properties of the deceased which may come to light may be administered. The plaintiffs and defendants shall be entitled to the net assets in the following shares :-
Plaintiff No. 1. 1 /6 share.
Plaintiff No. 2. 1 /6 share.
Defendant No. 2. 1/3 share.
Defendant No. 3. 1/3 share.
(2) That costs of the suit may be divided among plaintiffs and defendants Nos. 2 and 3 according to their respective shares.
(3) It is further ordered that Mr. Akhtar Hussain Advocate of 108, Chaudhury Chambers, Dr. Ziauddin Ahmed Road, Karachi is hereby appointed as Administrator to administer the estate of Dr. Altaf Begum Shapero (either directly or through his duly cons tituted attorney or attorneys) situated within as well as outside Pakistan.
(4) That it is ordered that the following accounts and enquiries be taken and made, that is to say :-
(i) an account of funeral and testamentary expenses.
(ii) An account of movable properties of the deceased which have come to the hands of the joint guardian of defendants Nos. 2 and 3, or to the hands of any other person by her order or for her use.,
(iii) That the said administrator or duly constituted attorney or attorneys receive and recover all outstanding debts, securities, shares, insurance policies, travellers cheques and all other outstanding movable properties of the deceased and maintain an account of all the assets and submit statement of assets, income and liabilities, if any, into the Court after every six months till the two minors attain majority.
(iv) It is further ordered that further enquiry be made and account taken, that is to say :-
(a) An inquiry what immovable property the deceased was seized of, or entitled to, at the time of her death.
(b) An enquiry what are the incumbrances (if any) effecting the immovable property of the deceased or any pt, thereof.
(c) An account so far as possible of what is due to the several incumbrancers and to include a statement of properties of such of the incumbrancers as shall consent to the sale hereinafter directed.
(5) And that immovable properties of the deceased or so much thereof as shall be necessary to make up the fund in the Court sufficient to carry out the object of the suit be sold with the approval of the Judge free from incumbranees (if any) of such incum brancers as shall consent to the sale and subject to the incumbrances of such of them as shall not consent.
(6) And it is ordered that the said administrator shall have the conduct of the sale of the immovable properties and shall prepare the conditions and contracts of sale subject to the approval of the High Court of Sind at Karachi Pakistan and that, in case any doubt or difficulty shall arise, the matters shall be submitted to the Judge to settle.
(7) And it is further ordered that for the purposes of the enquiries hereinbefore directed the said Administrator will advertise in the newspapers according to the practice of the Court, or shall make such inquiries in any other way which shall appear to him to give the most useful publicity to such inquiries. The said administrator shall take all necessary steps to apply for and obtain ancillary administrations of the estate of the deceased in such foreign juris dictions in which the said estate, or part thereof may be locally situate, and further to take all such steps as may be necessary to take possession of the whole of the deceased's estate.
(8) That the administrator shall determine the extent and value of the properties of the estate of the deceased at the time of her death within and outside Pakistan.
(9) And the said administrator may appoint the attorney and attorneys delegating such powers as are necessary for the administration and management of the estates left by the deceased in the Provinces in Canada and United Kingdom and for to apply to the competent authorities or Courts for appointment of Administrator-General or such other officer or authority as the laws of those countries require.
(10) That the said administrator shall, unless otherwise directed by the Court, bring within Pakistan all the deceased's foreign assets or the proceeds thereof as may come into their hands and further shall be empowered, subject to the orders of this Court to be given from time to time, to sell, dispose of or transfer, convert or exchange the deceased's movable and immovable properties (if any) or part thereof.
(11) That the said administrator shall also be receiver in the suit and receive and get all outstanding debts, outstanding movable pro perties and proceeds thereof, of the deceased and pay the same into an account to be opened in the American Express or First National City Bank of America, I. I. Chundrigar Road, Karachi, and the statements of accounts will be submitted into the Court after every six months. He or his duly constituted attorney or attorneys shall perform all such functions and duties as are performable by the receiver or nominee of this Court under the preliminary decree according to form 17 of Appendix D' to the First Schedule of Code of Civil Procedure.
(12) And it is ordered that the above inquiries and accounts be made and taken and that all other acts ordered to be done and completed. within six months and the said Administrator do certify the result of the inquiries and accounts and that all other acts ordered to be done are completed before the 1st day of July 1979 and that the said Administrator do certify the result of the inquiries and the accounts and all other acts ordered are completed and have his certificate in that behalf ready for the inspection of the parties on the. first day of July, 1979.
And lastly, it is ordered that this suit stands adjourned for making final decree after the 1st day of July, 1979.
Mr. Akhtar Hussain Advocate has been appointed as Administrator and the above directions are given with the consent of the learned counsel for the plaintiffs and defendants Nos. 2 and 3.
Order accordingly.
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