1. Heard Sri Krishna Bihari and Sri Om Prakash, learned counsel for the petitioner; Sri Pankaj Kumar Sharma, learned counsel appearing for the next of kin of the deceased and Sri Sudhir Mehrotra, learned counsel for the Administrator General.
2. Petitioner- Deepak Kumar, son of late Sri Girish Chandra, is seeking Letters of Administration to the credits of the deceased late Smt. Chandrawati Devi, who is reported to have died on 11.07.2018. Her husband Shiv Nath pre-deceased her. Present applicant has also disclosed that his father Sri Girish Chandra also died on 11.07.2018, both deaths having been caused in a road accident.
3. Death certificates of late Smt. Chandrawati Devi and late Sri Girish Chandra, both dated 16.07.2018 have been brought on record, copies of which have been annexed at page nos.20 and 21 to the petition.
4. Upon the present petition being filed, notices were issued to the next of kin of the deceased as have been specified in paragraph no. 7 of the affidavit filed in support of the petition.
5. The citation of the petition was required to be published in two newspapers 'Aaj' (Hindi) and 'Northern India Patrika' (English), published from Prayagraj (Allahabad).
6. Also, in compliance of order dated 04.01.2021, the petitioner has placed on record copies of original publications made in the two newspapers 'Aaj' (Hindi) published from Varanasi and 'Northern India Patrika' (English) published from Prayagraj (Allahabad) on 08.12.2020 and 07.12.2020 respectively, containing the citation. In response to the same, no person has come forward to oppose the grant or to file any objection.
7. The Administrator General has not objected to the grant of Letters of Administration to the petitioner.
8. The Board of Revenue has submitted its report and as against the valuation of Rs. 2,49,843/- disclosed in the Schedule, the Board of Revenue in its report has disclosed the same as Rs. 2,60,225/-. Office is directed to make necessary correction in the Schedule.
9. Pursuant to notices issued, Smt. Kaushalya Devi (daughter-in-law of the deceased), Smt. Jyoti Devi (granddaughter of the deceased), Smt. Neha Devi (granddaughter of the deceased), Ms. Kajal Devi (granddaughter of the deceased) and Suraj (grandson of the deceased) have appeared through counsel and furnished their individual no-objection to the grant of Letters of Administration, in favour of Deepak Kumar i.e. the petitioner.
10. In view of above, the matter is non-contentious in nature.
11. The Registrar General of the Court has certified under Rule 8 of Chapter XXX of the Rules of the Court that he has received no intimation from any other High Court or District Court of any grant of probate of any Will or Letters of Administration of the credits of the above-named deceased throughout the territory of India. Hence the present petition is the first and the only petition seeking grant of Letters of Administration to the credits of the deceased.
12. In view of the aforesaid facts and circumstances, I consider it fit and appropriate to permit the petitioner to administer the credits of the deceased.
13. Accordingly, Letter of Administration is granted to the credits of the deceased late Smt. Chandrawati Devi in favour of the petitioner - Deepak Kumar, son of late Girish Chandra, subject to the Registrar General certifying payment of court fee at the value Rs. 2,60,225/- and on his executing administration bonds in accordance with the Rules of the Court as contemplated under Rule 9 of Chapter XXX of the Rules of the Court. The petitioner will thereafter comply with rules and submit the statement of accounts in the Court in accordance with the rules.
14. Petition is, accordingly, allowed.
Order Date :- 22.2.2021 Abhilash