SAIRA BIBI (Minor) by her natural mother and next friend Hung Kar Yan Karin AND ANOTHER v. GULDIN

SAIRA BIBI (Minor) by her natural mother and next friend Hung Kar Yan Karin AND ANOTHER v. GULDIN

The court accepted the unchallenged affidavit evidence of the plaintiffs, concluded that the proceedings had been duly served on the defendant, and on that basis (together with the plaintiffs' demonstrated status as the deceased's beneficiaries and the applicants' guardian role) authorized the grant of Letters of Administration to the applicants (Madam Hung and Madam Kun).

Citation
[2019] HKCFI 1302
Parties
Plaintiffs/applicants: The plaintiffs (unnamed children of the deceased); Defendant/respondent: The defendant; Mother and Guardian/applicant for Letters of Administration: Madam Hung Kar Yan Karin (Samina Bibi); Interested Party/applicant for Letters of Administration: Madam Kun Po Chu Dion
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 May 2019
Case Number
HCAP23/2017
Procedural Posture
Probate and Administration / Application for Letters of Administration (interlocutory)
Outcome
Letters of Administration granted to Madam Hung Kar Yan Karin and Madam Kun Po Chu Dion; service of proceedings on the defendant declared valid.
Legal Topics
Letters of Administration, Service of Process, Recognition of Foreign Proceedings, Heirship Disputes, Allegations of Forgery, Guardianship
Source Language
EN
Probate Private International Law Civil Procedure Evidence Letters of Administration Service of Process Recognition of Foreign Proceedings Heirship Disputes +2 more

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Parties

The plaintiffs (unnamed children of the deceased)

Plaintiffs/applicants

The defendant

Defendant/respondent

Madam Hung Kar Yan Karin (Samina Bibi)

Mother and Guardian/applicant for Letters of Administration

Madam Kun Po Chu Dion

Interested Party/applicant for Letters of Administration

Procedural Posture

Probate and Administration / Application for Letters of Administration (interlocutory)

Legal Issues

  1. 1 Whether the plaintiffs are lawful heirs entitled to Letters of Administration
  2. 2 Whether service of the proceedings on the defendant was properly effected
  3. 3 Whether foreign proceedings in Pakistan affect the entitlement to administration in Hong Kong

Ratio Decidendi

The court accepted the unchallenged affidavit evidence of the plaintiffs, concluded that the proceedings had been duly served on the defendant, and on that basis (together with the plaintiffs' demonstrated status as the deceased's beneficiaries and the applicants' guardian role) authorized the grant of Letters of Administration to the applicants (Madam Hung and Madam Kun).

Court Disposition

Letters of Administration granted to Madam Hung Kar Yan Karin and Madam Kun Po Chu Dion; service of proceedings on the defendant declared valid.

Orders

  • Grant Letters of Administration to Madam Hung Kar Yan Karin (Samina Bibi) and Madam Kun Po Chu Dion.
  • Declare that the originating papers in these proceedings were duly served on the defendant.