Court No. - 59
Case :- TESTAMENTARY CASES No. - 44 of 2017 Petitioner :- In The Matter Of The Estate Of Late Dr. Mrs. L.G. Liddle Counsel for Petitioner :- Roshni Shukla, Abhijeet Mukherji, Sushmita Mukherjee Counsel for Respondent :- Abhijeet Mukherji,Sushmita Mukherjee
Hon'ble Surya Prakash Kesarwani,J.
Heard Ms. Roshni Shukla, learned counsel for the petitioner and Sri Abhijeet Mukherji, learned counsel for the next kin, namely, Dr.(Mrs.) Vandita Dharni, D/o Dr. (Mrs.) L.G. Liddle and Dr. Sumit D. Liddle, S/o Dr. (Mrs.) L.G. Liddle (deceased).
Dr. (Mrs.) L.G. Liddle has died on 24.10.2017 at Allahabad. A Copy of death certificate issued by Registrar Birth & Death registering death of the late Dr. (Mrs.) L.G. Liddle dated 7.11.2017 has been filed as Annexure 1 to the petition. It is stated in paragraph 2 of the petition that prior to her death Dr. (Mrs.) L.G. Liddle executed an unregistered Will dated 17.10.2017. The next kins as mentioned in paragraph 7 of the petition are shown to be daughter and son of the deceased Dr. (Mrs.) L.G. Liddle. In paragraph 4 of the petition it is stated that the petitioner Rajnath Nathan Shukla has been named in the Will as executor. Therefore, the petitioner has applied for grant of probate in respect of goods and estate of the deceased late Dr. (Mrs.) L.G. Liddle. Notices were issued to the aforesaid next kin of the deceased and to the Administrator General, U.P. as well as to the Board of Revenue, U.P.
The citation of the petition was directed to be published simultaneously in two newspapers Amrit Prabhat (Hindi) and The Northern India Patrika (English) both published from Allahabad. In view of the office report dated 12.2.2018, service of notices upon the next kins, is deemed sufficient. An affidavit of compliance annexing therewith original newspaper containing publication as aforesaid, has been filed on 20.2.2018. By the aforesaid order dated 19.12.2017 the Registrar General of the Court was directed to keep the original will in safe custody and to produce it as and when it is required by the Court. Today, the Registrar General has produced the aforesaid Will.
The Administrator General, U.P., Allahabad and the Board of Revenue, U.P., Allahabad have not filed any reply/objection.
Registrar General has issued a certificate dated 22.12.2017 under Chapter XXX Rule 8 of Allahabad High Court Rules that no grant has been made.
An Application No.5 of 2018 alongwith an affidavit of the next kin Dr. (Mrs.) Vandita Dharni, dated 20.2.2018 has been filed. In paragraph 2 of the said affidavit she has stated that she has no objection to the grant of Probate to the petitioner for executing the wishes of her mother and administering the property of late Dr. (Mrs.) L.G. Liddle (testator) of the Will dated 17.10.2017. It has also been stated in paragraph 3 of the affidavit that she gives her consent for grant of probate of the property of late Dr. (Mrs.) L.G. Liddle. Another application no.3 of 2018 alongwith an affidavit of next kin Dr. Sumit David Liddle, S/o late Dr. (Mrs.) L.G. Liddle dated 20.2.2018 has been filed. In paragraphs 2 & 3 of the said affidavit it has been stated by the next kin Dr. Sumit David Liddle that he has no objection to the grant of Probate to the petitioner Mr. Rajnath Nathan Shukla for executing the wishes of his mother and administering the property of late Dr. (Mrs.) L.G. Liddle (testator) of the Will dated 17.10.2017 and he gives his consent for grant of Probate of the property of the aforesaid Dr. (Mrs.) L.G. Liddle. Thus both the next kins have filed affidavits stating that they have no objection to the grant of probate to the petitioner.
In view of the facts above mentioned, the matter is non-contentious in nature and probate needs to be issued since no one else has appeared to contest the grant and that the deceased has died intestate. Therefore, I consider it fit and appropriate to grant the probate.
For all the reasons aforesaid, the probate of Will dated 17.10.2017 is granted to the petitioner as executor of the Will subject to the Registrar General certifying payment of court fee as contemplated under Rule 9 of Chapter XXX of the Rules of the Court.
The petition is allowed.
Registrar General is directed to keep the aforesaid original Will in safe custody.
Order Date :- 25.2.2019/vkg