Last Updated: Tuesday May 01, 2012
In the Court of Senior Civil
Judge, Lahore
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Application for
Succession Certificate
u/s 372 of the
Succession Act (XXXIX), 1925
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Amount for which certificate is required:
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Amount is not ascertainable.
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1.
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Name of deceased:
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Asif Mehmood Butt, at Lahore.
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2.
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Time & date of death of deceased:
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0700 hours, January 19, 1997, at Lahore.
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3.
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The ordinary residence or property of the
deceased, within local limits, at the time of death:
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House No. 6, Ahmed Park, Mohni Road, LAHORE.
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4.
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Names and addresses of family or other near
relatives of deceased:
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1.
Faisal Mehmood Butt, Major Son of
deceased.
2.
Yasir Mehmood Butt, Minor Son of
deceased.
3.
Aysha Butt, Minor Daughter of
deceased.
Through Najam-ud-Din
(Guardian for Petitioners No. 2 and 3, while Petitioner No. 1 is major and
independent Petitioner.) All Kashmiris, resident of House No. 6, Ahmed Park, Mohni Road, LAHORE.
Versus
Public at Large.
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5.
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The right which the petitioner claims:
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Being successor from the estate of
their deceased father.
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6.
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Any impediment under any law:
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Nothing is impediment.
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7.
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The debt and securities in respect of which
certificate is applied for:
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1.
Benevolent Fund
2.
Group Life Insurance
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Rs.
Rs.
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Amount is not
ascertainable
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Grand Total:
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Rs.
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0.00
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1.
That the deceased above named was died intestate.
2.
That the petitioners are the only lawful
issues/survivors of the deceased, thus entitled for the succession from the
estate of their deceased father. Being successor, they have vested right for
the grant of Succession Certificate.
3.
That after the death of Asif Mehmood Butt on January 19, 1997, the
father of petitioners, Mst. Aasia Butt, the mother of petitioners also died
on March 02, 1998,
before claiming her hereditary rights in her life, so claimed in the instant
application.
4.
That Guardian of minors applied for the grant of
legal dues of Asif Mehmood Butt, deceased, from Pakistan Telecommunication
Limited, but they denied, vide their letter dated January 23, 2003, requiring
the further orders from the Guardian Judge and Succession Certificate for the
payment of dues.
5.
That the value of legal dues, i.e., Benevolent
Fund and Group Insurance etc. is not ascertainable as department of the deceased
does not convey its value unless the Succession Certificate is produced to
them.
6.
That all the petitioners hereby declare and affirm
their willingness to grant a single Succession Certificate in the name of
Najam-ud-Din S/o. Abdul Aziz, the Guardian of the minors in the instant
petition.
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Verified
on Oath today this 21st
day of November
2003 at LAHORE, that contents of above application are
correct to the best of my knowledge and belief.
Petitioner(s)
IN THE
COURT OF SENIOR CIVIL JUDGE, LAHORE
Faisal Mehmood Butt &
etc.
…….Versus…….
Public at Large
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AFFIDAVIT OF
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Faisal Mehmood Butt Son
of Asif Mehmood Butt (deceased), Caste Kashmiri, resident of House No. 6,
Ahmed Park, Mohni Road,
LAHORE.
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I, the
above named deponent do hereby solemnly affirm and declare as under:
That
the contents of the accompanying Application for the grant of Succession
Certificate are correct and true to the best of my knowledge and
belief.
DEPONENT
VERIFICATION:
Verified
on Oath at LAHORE
this 21st day of November 2003, that the
contents of the above Affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed.
DEPONENT
IN THE
COURT OF SENIOR CIVIL JUDGE, LAHORE
Faisal Mehmood Butt &
etc.
…….Versus…….
Public at Large
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AFFIDAVIT OF
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Najam-ud-Din Son of
Abdul Aziz (Guardian), resident of House No. 6, Ahmed Park, Mohni Road, LAHORE.
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I, the
above named deponent do hereby solemnly affirm and declare as under:
That
the contents of the accompanying Application for the grant of Succession
Certificate are correct and true to the best of my knowledge and
belief.
DEPONENT
VERIFICATION:
Verified
on Oath at LAHORE this 21st day of November
2003, that the contents of the above Affidavit are true and correct
to the best of my knowledge and belief and nothing has been concealed.
DEPONENT
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Document
of Address
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In the court of:
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Senior Civil Judge, LAHORE
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Faisal Mehmood Butt & etc.
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Petitioners
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Versus
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Public at Large.
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Respondent
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Suit/Application:
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For the grand of Succession Certificate.
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Your
Honour,
the address of the PETITIONERS is as under:
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Name with Father’s Name
and Caste
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Address
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Tehsil
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Post Office
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District
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Faisal Mehmood Butt, Yasir Mehmood Butt, Aysha Butt Sons and
daughter of Asif Mehmood Butt, deceased, and (Najam-ud-Din S/o. Abdul Aziz,
Guardian), Caste Kashmiri, all resident of House No. 6, Ahmed Park, Mohni
Road, LAHORE.
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Your Honour, in above case, the
execution of summon, notice, or other orders, be effected to the above
address during the process of case and the Petitioners
above named shall notify the change in address, if any.
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List Under Order 7, Rule
14 which Plaintiff will deliver
with the Plaint
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In the court of:
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Senior Civil Judge, LAHORE
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Faisal Mehmood Butt & etc.
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Petitioners
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Versus
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Public at Large.
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Respondent
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Suit/Application:
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For the grant of Succession Certificate.
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S. No.
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Questions
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Answers
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Whether you have submitted any document
along-with plaint? If so, what?
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Yes, according to the List of
Documents Produced.
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Whether you would submit any other document which
is in your possession or power? If so, what?
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Yes, subject to requirement and under
Order of the Court.
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Whether you intend to argue on any document? If
so, what they are and under whose possession?
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After framing of issues.
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Under Order 13, Rule 1,
Code of Civil Procedure, 1908
List of Documents
Produced
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In the court of:
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Senior Civil Judge, LAHORE
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Faisal Mehmood Butt & etc.
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Petitioners
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Versus
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Public at Large.
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Respondent
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Suit/Application:
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For the grant of Succession Certificate.
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S. No.
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Nature and date of
document, if any
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What to prove by documents
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What order received
regarding document
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Remarks
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What exhibit is annexed,
if document is included
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Date of return, if
rejected
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Signatures to whom
returned
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1.
Copy of death certificate of Asif
Mehmood Butt, deceased, the father of petitioners.
2.
Copy of National Identity Card of Asif
Mehmood Butt, deceased, the father of petitioners.
3.
Copy of death certificate of Mst.
Aasia Butt, deceased.
4.
Copy of National Identity Card of Mst.
Aasia Butt, deceased, the mother of petitioners.
5.
Copy of Guardianship Certificate.
6.
Copy of National Identity Card of Najam-ud-Din,
the Guardian.
7.
Copy of the letter from Pakistan
Telecommunication Department.
8.
Copy of the Pension Book.
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Process
Fee
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In the court of:
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Mr. Muhammad Azam Ch., Civil
Judge, LAHORE
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Suit/Application No.
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Faisal Mehmood Butt & etc.
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Petitioners
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Versus
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Public at Large.
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Respondent
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Date of Hearing:
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Date of Submission
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Purpose for the
submission
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Who submitted
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Nos.
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Stamps
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November _____, 2003
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To summon the Respondents
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Petitioners
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In the Court of Senior Civil
Judge, Lahore
Application/Petition No. _______________ of 2003
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Faisal Mehmood Butt & etc.
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Plaintiff
Appellant
Petitioner
Complainant
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VERSUS
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Public at Large.
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Defendant
Respondent
Accused
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I/We Faisal Mehmood Butt & etc. the Petitioners above-named hereby appoint
Mr. Nasir Nazir Butt, Advocate and Mr. Muhammad
Musanjef Riaz,
Advocate of 1, Mozang Road, Lahore, in the above mentioned case, to do all or any of the
following acts, deeds and things:
1. To appear, act, and plead
for me/us in the above mentioned case, in this court or any other court in
which the same may be tried or heard, and in any other proceedings arising out
of or connected therewith.
2. To sign and verify and file
or withdraw all proceedings, petitions, appeals, affidavits, and applications
for compromise or withdrawal, or for submission to arbitration of the said
case, or any other documents as may be deemed necessary or advisable by them
for the conduct, prosecution or defense of the said case at all its stages.
3. To receive payment of, and
issue receipts for, all moneys that may be or become due and payable to us
during the course or on the conclusion of the proceedings.
4. To do all other acts and
things that may be deemed necessary or advisable during the course of the
proceedings.
5. To delegate all or any of
the above powers to any other legal practitioner.
AND I/We hereby agree:
a) to ratify whatever the
Advocate(s) or his their substitute may do in the proceedings.
b) not to hold the Advocate(s)
or his/their substitute responsible if the said case be proceeded ex parte or
dismissed in default in consequence of his absence from the court when it is
called for hearing.
c) that the Advocate(s) shall
be entitled to withdraw from the prosecution of the said case if the whole or
any part of the agreed fees remain unpaid.
In witness whereof I/We
have singed this Vakalatnama hereunder the contents of which have been
read/explained to and fully understood by me/us, this 21st day of November 2003 at LAHORE.
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Signatures of executant(s)
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Accepted
by:
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NASIR NAZIR BUTT
ADVOCATE
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MUHAMMAD
MUSANJEF RIAZ
ADVOCATE
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In the Court of Ch. Muhammad
Azam, Civil Judge, Lahore
Faisal Mehmood Butt &
etc.
Versus
Public at Large
Application
for permission to deposit expenses for the advertisement in newspaper, the daily
“Jur’et”, for the above title application.
Respectfully
Sheweth:
1. That the above
titled application for the grant of Succession Certificate is pending in this
Honourable Court and fixed for hearing on December 16, 2003.
2. That this
Honourable Court was very pleased to Order the issuance of proclamation in
newspaper in connection with the grant of Succession Certificate for the above
titled application.
It
is, therefore, respectfully prayed that petitioners of the above titled
petition, may kindly be allowed to deposit the expenses for the proclamation in
the daily “Jur’et”, Lahore.
Petitioners
through
Nasir Nazir Butt
Advocate
Assistant
General Manager (P/A)
Lahore Telecommunication Region (North)
LAHORE.
January
30, 2004
Subject: Quantification
of legal dues under direction of court.
Dear
Sir,
Most respectfully, it is to bring into your
kind notice that we have filed an application for the grant of Succession
Certificate as advised under letter number Legal Opinion/Benevolent Fund/Group
Ins/2003/, dated January 25,
2003.
Application for the said certificate is
pending adjudication in the Court of Mr. Muhammad Azam Ch., Civil Judge, Lahore, under title
Faisal Mehmood Butt & etc. Vs. Public at Large, in which next date of
hearing has been fixed February
16, 2004.
This Honourable Court has passed an Order
directing Pakistan Telecommunication Company Limited to furnish the exact
amount of all legal dues relating to Mr. Asif Mehmood Butt, deceased, which is
condition precedent to issue the Succession Certificate.
You are therefore, requested to please
provide the required information to the undersigned, before forthcoming date of
hearing, i.e., February 16, 2004, enabling the petitioners to get their
statements recorded, avoiding the unnecessary delay for the grant of required
certificate as it is required to the petitioners urgently.
A prompt action in this regard shall be
highly appreciated.
Hoping the expeditious action in the
interest of justice.
Yours
faithfully,
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Najam-ud-Din
S/o.
Abdul Aziz
Guardian
under orders of the Court.
House
No. 6, Ahmed Park, Mohni Road
LAHORE.
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through
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Nasir
Nazir Butt
Advocate
1,
Mozang Road, LAHORE.
Phone:
0092-42-7246422
0303-6412907
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Enclosure: 1.
Copy of the Application for the grant of Succession Certificate.
2. Copy of the Orders of
the Court.
3. Copy of the
Guardianship Certificate.
In the Court of Ch. Muhammad
Azam, Civil Judge, Lahore
Faisal Mehmood Butt &
etc.
Versus
Public at Large
Application to furnish exact amount of legal dues
Respectfully
Sheweth:
1. That the above
titled application for the grant of Succession Certificate is pending in this
Honourable Court and fixed for hearing today, i.e., on February 16, 2004.
2. That on
the last date of hearing, i.e., on January 28, 2004, this Honourable Court was
pleased to pass an Order requiring petitioners to obtain exact amount from the
relevant department of deceased and produce it in evidence on next date of
hearing, i.e., today on February 16, 2004.
3. That
petitioners had approached the PTCL for the purpose and they have furnished the
exact amount of legal dues as Rs. 160,000/- (Rupees one hundred sixty thousand
only).
It
is, therefore, respectfully prayed that the document containing the exact
amount of legal dues provided by PTCL be placed on record and petitioners be
allowed to record their statements.
Petitioners
through
Nasir Nazir Butt
Advocate
In the Court of Mr. Muhammad
Azam Ch.,
Civil
Judge, First Class, Lahore
Succession Certificate
Application No. 62/5 of
2003
Date of Institution: November 22, 2003
Date of Decision: March 06, 2004
1.
Faisal
Mehmood Butt
2.
Yasir
Mehmood Butt
3.
Aysha
Butt
sons and daughter of Asif
Mehmood Butt, minors through Najam-ud-Din, Guardian for petitioners numbers 2
and 3, all resident of House No. 6, Ahmed Park, Mohni Road, LAHORE.
Petitioners
Versus
Public at Large
To
The Petitioners above named.
WHEREAS you as a sons and
daughter of the deceased, applied for the certificate under the Succession Act,
1925, in the matter of movable assets of deceased Asif Mehmood Butt in respect
of the following assets etc.
Detail of assets of
deceased
Asif Mehmood Butt
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Name of debtor
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Description
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Pakistan Telecommunication Company Limited, LAHORE.
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1.
Benevolent Fund Rs. 1,350/- p. m.
2.
Group Life Insurance Rs. 160,000/-
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This certificate is
accordingly granted to you to collect the aforesaid assets of deceased with
interest, if any, thereon. As Yasir Mehmood Butt and Aysha Butt are stated to
be minors, therefore their respective shares can be drawn by their guardian
with permission of the Guardian Judge.
Given under my hand and
seal of the Court this 21st day of April, 2004.
Civil Judge, First Class
LAHORE
In the
Court of Mr. Bedar Bakht Civil Judge – I, Lahore, Pakistan
Faisal
Mehmood Butt & etc.
Versus
Public at Large
Application under Order
13, Rule 1, Proviso 1 for the return /receiving back of admitted documents/original
exhibits.
Respectfully
Sheweth:
1.
That the above titled
application was adjudicated by Mr. Muhammad Azam Ch., the predecessor of this
Honourable Court on March 06, 2004, under Succession Case No. 62/5 of 2003,
issuing the Succession Certificate in favour of the petitioners.
2.
That the two original
documents were exhibited and admitted in evidence, i.e., death certificate
issued by Metropolitan Corporation, Lahore, in proof of deaths of the parents
of the petitioners, i.e., Asif Mehmood Butt and Asia Butt, both deceased.
Under the circumstance stated above, it is
therefore, respectfully prayed that the certified copies of the exhibits be
substituted and original documents be retuned to the petitioners. Further
petitioners undertake to produce the original, if required.
Petitioner
through
Nasir
Nazir Butt
Advocate
C/o. Barrister
Abdus Saleem and Law Associates
1, Mozang Road, LAHORE