IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Rahaib s/o Late Umed Ali, adult, Muslim,

b/c Patni r/o Village Rustam Patni,
UC Garho, Taluka Ghorabari,
District Thatta …..……………………..……………………………. Applicant

VERSUS

1. Mst. Makal d/o late Umed Ali,

2. Sultan s/o Late Umed Ali,
3. Shoukat s/o Late Umed Ali,
Adults, Muslims,
4. Zulfiqar s/o Late Umed Ali,
5. Shahida d/o Late Umed Ali,
6. Nasreen d/o Late Umed Ali,
Muslims, minors, through their guardian
Ad-litem Mst. Makal Respondent No.1,
All b/c Patni r/o Village Rustam Patni,
UC Garho, Taluka Ghorabari, District Thatta
7. Public at Large ……..……………………………….……. Respondents

APPLICATION U/S 7 R/W SECTION 10 OF THE GUARDIANS

& WARDS ACT, 1890.

The applicant named above respectfully submits as

under:-
1. That the applicant is residing at above mentioned

address and the respondents are brothers and sisters of applicant,

residing with him in one and same house. The respondent No.4

Zulfiqar is minor, having date of birth 16.02.2004, male, Muslim,

Respondent No.5 Shahidan is minor, having date of birth02.03.2006,

female, Muslim, and respondent No.6 Nasreen is minor, having date

of birth 25.05.2009, female, Muslim, all minors un-married, being

looked after by the applicant and respondent No.1 (copies of Birth

Certificates are submitted herewith as annexure A/1 to A/3).

2. That deceased Umed Ali s/o Haji Patni, father of

applicant and respondents, died on 16.11.2011 as natural death at

his house, leaving behind him the applicant and respondents as his

only legal heirs (Photocopy of Death Certificate of deceased Umed

Ali and Heirship Certificate are submitted as annexure B & C).

3. That the mother of applicant and respondents namely

Mst. Naseeba already died during the lifetime of Umed Ali on

15.04.2005 (photocopy of such Death Certificate is submitted

herewith as annexure D).

4. That said deceased Umed Ali Patni resided at the above

address at the time of his death under the territorial jurisdiction of

this Honourable court.

5. That said deceased Umed Ali Patni was Darogha in

Irrigation Department (BS-05) of Sakro Division Mirpur Sakro and

expired during service. After his death when the applicant

approached the Irrigation Department where his father served and

asked for service emoluments of his deceased father including

Pension amount of Rs.2,84,716 and other dues i.e. G.P Fund,

gratuity, Group Insurance etc Rs.6,26,435/-, they refused the

applicant and desired him to bring such Succession Certificate from

Competent Court of Law for which the applicant approached

Honourable Sessions Court Thatta and filed S.M.A No.___ of 2017

wherein he was direction to file Guardianship Application for person

and property of minors to the extent of their share in respect of

pension and other service benefits of deceased (copy of SMA and

order are submitted herewith as annexure D/1 & D/2).

6. That the applicant Rahaib is real brother of respondents

and he is head of the family. Now the respondents No.4 to 6 being

minors are entitled to get family pension being minor children of

deceased Umaid Ali Patni and since they are minors the applicant

Rahib being their elder brother is entitled to get pension on their

behalf to maintain them.

7. That the deceased Umaid Ali Patni had expired intestate

and the due diligent search has been made for finding a ‘Will’ of the

said deceased but the same has not been found.

8. That respondents No.4 to 6 are unmarried, under-age

and real son and daughters of the said deceased Umaid Ali Patni,

therefore they are entitled to keep entry in NADRA record and to get

pension from concerned authority.

9. That the applicant is the real brother of the said minors

and no any other person is fit to perform the responsibilities of the

loving minor sons, therefore he is entitled to file the present

application for appointment as guardian of the said minors and their

property i.e. family pension and other benefits of their share for

their proper nutrition, care, health and welfare.

10. That the applicant and respondents are residing at

Village Rustam Patni, Deh Palki, Taluka Ghorabari, District Thatta

within the territorial limits of Police Station Ghorabari, hence this

Honourable court has jurisdiction to try the present matter.

11. That the applicant therefore prays as under:

PRAYER

a) That this Honourable court may be pleased to appoint the

applicant as “Guardian” of minors/respondents No.4 to 6 and
grant the Guardianship Certificate in favour of the applicant
for keeping entry in NADRA record for such minors and also to
get pension from concerned department and other benefits of
 their deceased father for maintaining the minors providing
them all the necessities of life.
b) Any other relief which this Honourable court deems fit and
proper, be awarded to applicant.

The application is made in the interest of justice.

Thatta
Dated: .02.2017 APPLICANT

VERIFICATION

I, Rahib s/o Umaid Ali, adult, Muslim, b/c Patni r/o

Village Rustam Patni, Deh Palki, Taluka Ghorabari, District Thatta,
do hereby verify to this ___ day of February 2017 at Thatta and
state on oath that whatever stated above is true and correct to the
best of my knowledge and belief.

Thatta
Dated: .02.2017 DEPONENT

Identified by me

Advocate
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Rahib Patni ………………….…………..….……………………….…... Applicant

VERSUS

Mst. Makal & Others ………...………….……………………….. Respondents

APPLICATION u/o XXXII RULE 3 CPC

It is prayed on behalf of the applicant that this

Honourable court may be pleased to appoint Mst. Makal d/o Umaid

Ali Patni (respondent No.1), real sister of minors/wards as their

guardian ad-litem for the purpose of this application, on

consideration of the grounds set forth in the accompanying affidavit.

The prayer is made in the interests of justice and

equity.

Thatta
Dated: .02.2017 Advocate for Applicant
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Rahib Patni …………………..…………..….……………………….…... Applicant

VERSUS

Mst. Makal & Others ………...………….……………………….. Respondents

AFFIDAVIT
I, Rahib s/o Umaid Ali, adult, Muslim, b/c Patni r/o
Village Rustam Patni, Deh Palki, Taluka Ghorabari, District Thatta,
do hereby state on oath as under:-

1. That I am applicant in above suit and am fully

conversant with the facts of this case.

2. That the accompanying application under order XXXII

rule 3 CPC has been drafted and filed under my instructions and
contents thereof have been read over and explained to me in Sindhi
and I say that the same are true and correct.

3. That I am real brother of minors/wards and we are all

residing in one and same house.

4. That the proposed guardian namely Mst. Makal is real

sister of minors/wards, interest of proposed guardian ad-litem is not
adverse to the interest of above said minors/wards.

5. That whatever stated above is true and correct to the

best of my knowledge and belief.

Thatta
Dated: .02.2017 DEPONENT

Identified by me

Advocate
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Rahib Patni ………………..…………..….……………………….…... Applicant

VERSUS

Mst. Makal & Others ………...………….……………………….. Respondents

DECLARATION OF WILLINGNESS

I, Rahib s/o Umaid Ali Patni r/o Village Rustam Patni,

Deh Palki, Taluka Ghorabari, District Thatta, do hereby declare that I

am real brother of minors/wards namely Zulfiqar s/o Umaid Ali,

Shahidan s/o Umaid Ali and Nasreen d/o Umaid Ali and my interests

are not adverse to the interests of above said minors and I am

willing to be appointed as Guardian for the person and property of

above said minors/wards by this Honourable court.

The prayer is made in the interest of justice and equity.

Thatta
Dated: .02.2017 APPLICANT
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Rahib Patni ……………………………..….……………………….…... Applicant

VERSUS

Mst. Makal & Others ………...………….……………………….. Respondents

AFFIDAVIT
I, Mst. Makal d/o Umaid Ali Patni r/o Village Rustam
Patni, Deh Palki, Taluka Ghorabari, District Thatta, do hereby state
on oath as under:-

1. That I am respondent No.1 and proposed guardian ad-

litem for the above said minors in this application and am fully
conversant with the facts of this case.
2. That I am real sister of minors/wards and we are all
residing in one and same house and the minors are under the
HIZANAT of applicant and he is a fit person to be appointed as
guardian of the above said minors for their person and property.
3. That the applicant is real brother of above said minors.
4. That I have NO OBJECTION if the present application
is allowed in favour of applicant, in the interest of justice.
5. That whatever stated above is true and correct to the
best of my knowledge and belief.

Thatta
Dated: .02.2017 DEPONENT

Identified by me

Advocate
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Rahib Patni ……………………………..….……………………….…... Applicant

VERSUS

Mst. Makal & Others ………...………….……………………….. Respondents

AFFIDAVIT
I, Sultan s/o Umaid Ali Patni r/o Village Rustam Patni,
Deh Palki, Taluka Ghorabari, District Thatta, do hereby state on oath
as under:-

1. That I am respondent No.2 in this application and am

fully conversant with the facts of this case.
2. That I am real brother of minors/wards and we are all
residing in one and same house and the minors are under the
HIZANAT of applicant and he is a fit person to be appointed as
guardian of the above said minors for their person and property.
3. That the applicant is real brother of above said minors.
4. That I have NO OBJECTION if the present application
is allowed in favour of applicant, in the interest of justice.
5. That whatever stated above is true and correct to the
best of my knowledge and belief.

Thatta
Dated: .02.2017 DEPONENT

Identified by me

Advocate
IN THE COURT OF SENIOR CIVIL JUDGE THATTA

Guardianship Application No. of 2017

Rahib Patni ……………………………..….……………………….…... Applicant

VERSUS

Mst. Makal & Others ………...………….……………………….. Respondents

AFFIDAVIT
I, Shoukat s/o Umaid Ali Patni r/o Village Rustam Patni,
Deh Palki, Taluka Ghorabari, District Thatta, do hereby state on oath
as under:-

1. That I am respondent No.3 in this application and am

fully conversant with the facts of this case.
2. That I am real brother of minors/wards and we are all
residing in one and same house and the minors are under the
HIZANAT of applicant and he is a fit person to be appointed as
guardian of the above said minors for their person and property.
3. That the applicant is real brother of above said minors.
4. That I have NO OBJECTION if the present application
is allowed in favour of applicant, in the interest of justice.
5. That whatever stated above is true and correct to the
best of my knowledge and belief.

Thatta
Dated: .02.2017 DEPONENT

Identified by me

Advocate