Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
[Karachi]
Before Saleem Akhtar, J
Dr. BASHARAT ALI‑Plaintiff
versus
Mrs. AHMADI BEGUM‑Defendant
Civil Miscellaneous Appeal No: 917 of 1982 in Suit No. 711 of 1981, decided on 2nd May, 1982.
‑‑ O. XL, r. 1 ‑ Receiver by consent ‑ Appointment of‑Adminis tration suit of deceased's estate, all properties already disposed of during his lifetime except looker in Bank ‑ High Court appointed receiver by consent and gave direction to open locker and prepare its inventory in presence of parties.‑[Receiver].
Iqbal Ahmad for Plaintiff.
Moinuddin Ahmad for Defendant.
The plaintiff has filed an administration suit in respect of estate of deceased Amjad Ali. The plaintiff is the paternal uncle of the deceased claiming half share in the property left by him whereas the defendant is the sister of the deceased. Amongst the properties left by the deceased there is a Flat No. G‑5, Shoeb Plaza, Gulshan‑e‑Iqbal. From the docu ments produced by the defendant 'it seems that this was transferred in name of the defendant on 23rd July, 1981 before the death of the deceased. However the defendant undertakes not to transfer or sell away this flat. It may be mentioned that the flat is still incomplete and possession has not been delivered to the defendant so far by the builders.
The second property is the bank account PLS Saving Account No. 174, which was in the joint name of the deceased and the defendant. This account has been‑closed down on 30th September 1981. In view of the fact that it was a joint bank account in the name of both the parties and as the account has been closed down there is‑nothing left in that account in respect of which any order can be passed. The other claim is in respect of Group Insurance Contributory Provident Fund and gratuity, which has been paid by the Pakistan National Shipping Corporation to the defendant.
The defendant has produced documents to show that these amounts have been paid on the basis that the defendant was nominee of the deceased. In these circumstances at present this also is not with the P. N. S. C. Ltd. and therefore it cannot be made subject to a receiver.
The parties admit that there is a locker bearing No. 432 in Habib Bank Branch, Gulshan‑e‑Iqbal, Block 1. By consent Nazir is appointed as a receiver to open the locker after due notice to both the parties and in the presence of the parties prepare an inventory. The application is disposed of in these terms.
K.M.A. I Application disposed of.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer