Mst. KAUSAR HASEEN Versus Mst. ANIS BEGUM

1. By this common order I intend to dispose of the above two petitions. The first petition has been filed under section 301 of the Succession Act by the two executors for their discharge as acting as the executors in pursuance of will dated 2nd April, 1981, executed by deceased Firoze Ardeshir Mehta. Alongwith the above petition the executors have filed statement of accounts for the period expiring on 31st March, 1987.

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2. Whereas the second petition is also under section 301 of the Succession Act filed by the wife of the deceased Mrs. Frida Mehta, her daughter Mrs. Khurshid A. Minocher and her son‑in‑law Ardeshir Minocher for appointing as new executors in place of the two executors named in the Will. The notice of the first petition has been published in daily English Newspaper `Morning News' on 15th May, 1987, whereas in Urdu newspaper `Nawa‑e‑Waqat' on 21st May, 1987. The notices of the above petition have also been pasted on the Court notice board. No notice has been issued to the individual legatees though in the will a number of persons have been named as the legatees including three petitioners in the second petition. According to the learned counsel for the petitioners there is no legal requirement to issue any notice of the above petitions to the other legatees who are not parties to the above petitions. I allow the above two petitions subject to the condition that it will be open to the other legatees, who are not parties to the above petitions to file an application for review of this order. The above executors are discharged subject to the condition that they shall be liable to file the statement of accounts uptodate handing over the charge to the new executors and that the new executors shall file statement of accounts regularly as per rules in this Court.

3. A.A./F‑77/K

4. Application allowed.