Citation Name: 2025 CLC 2060 KARACHI-HIGH-COURT-SINDHBookmark this Case RUBINA LEWIS vs PUBLIC AT LARGE Ss

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Citation Name: 2025 CLC 2060 KARACHI-HIGH-COURT-SINDHBookmark this Case RUBINA LEWIS VS PUBLIC AT LARGE Ss. 232(a), 232(c), 276 & 372---Sindh Letters of Administration and Succession Certificates Act (VII of 2021), Preamble---Petition for grant of probate / letter of administration---Grant of administration to universal or residuary legatees---Lady died testate and executed will in favour of her sister who filed Succession Application, however, the same was dismissed with direction to approach NADRA along with will for process / issuance of letter of administration---Stance of the appellant / petitioner was that under S. 232 of the Succession Act, 1925, which deals with grant of administration to universal or residuary legatees, she can be classified as "universal legatee" as there is no residue estate of the deceased---Validity---Subsections (a) and (c) of S. 232 of the Succession Act, 1925, stipulates that when the deceased has made a will but has not appointed an executor, such a universal or a legatee may be admitted to prove the will, and letter of administration with the will annexed may be granted to him of the whole estate, or of so much thereof as may be administered---In the present case, the impugned order (directing the Appellant to approach NADRA Authority to process letter of administration) cannot be sustained under the Sindh Letters of Administration and Succession Certificates Act, 2021---NADRA Authority under Sindh Letters of Administration and Succession Certificates Act, 2021, can only issue letter of administration in matters in which there is no probate---Existence of a will can only be proved through Court of law; hence, present case is beyond the scope of the Sindh Letters of Administration and Succession Certificates Act, 2021---High Court set-aside the impugned order and the case was remanded back to Trial Court with direction to the appellant to prove the execution of the will in the first instance; if she proves the execution of the will, the court may proceed with grant of letter of administration under S. 232 of the Succession Act, 1925---Appeal, filed by beneficiary of will, was disposed of accordingly.

Citation Name: 2025 CLC 2060 KARACHI-HIGH-COURT-SINDHBookmark this Case RUBINA LEWIS vs PUBLIC AT LARGE Ss — 2025 CLC 2060 KARACHI-HIGH-COURT-SINDH

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