Court No. - 30
Case :- TESTAMENTARY CASES No. - 8 of 2019 Petitioner :- In The Matter Of The Goods Of Late Shri Ramesh Chnadra Srivastava By Shankar Srivastava Respondent :- Na Counsel for Petitioner :- Girish Chandra Yadav,Dileep Kumar Srivastava
Hon'ble Arvind Kumar Mishra-I,J.
(1) Sri D.K. Srivastava has filed affidavit of Smt. Kirti Srivastava (real sister of the petitioner), the same is taken on record.
(2) Heard Sri Girish Chandra Yadav, learned counsel for the petitioner, Sri D.K. Srivastava, learned counsel for the deponent (Smt. Kirti Srivastava) and perused the record of this case.
(3) Petitioner, Shankar Srivastava is seeking Letters of Administration (as the daughter Kriti Srivastava has given no objection in favour of petitioner) in respect of the estate and the credits of the deceased- Late Ramesh Chandra Srivastava, who is reported to have died on 4.2.2019 at his residence P/634, New Project, Air Force Station Bamrauli, Allahabad, (U.P.)- 211012.
(4) Sri D.K. Srivastava, learned counsel for the sister of the petitioner Smt. Kirti Srivastava aged about 46 years has claimed by way of moving affidavit that she being the real sister of the petitioner and the daughter of late Ramesh Chandra Srivastava has no objection, in case, the claim of the petitioner- Shankar Srivastava s/o Ramesh Chandra Srivastava- is allowed by this Court and letters of administration are issued in his favour.
(5) Relevant pleadings in paragraph no.2 of the affidavit has been made by none other than the deponent- Smt. Kirti Srivastava d/o Late Ramesh Chandra Srivastava, and presently wife of Sri Madhuker, therefore, it has been claimed on the basis of above by the learned counsel for the petitioner that letter of administration be granted in favour of the petitioner.
(6) In view of above, the matter is non- contentious in nature.
(7) 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 property and credits of the above- named throughout the territory of India. Hence, the present petition is the first and the only petition seeking grant of Letters of Administration to the estate and credits of the deceased.
(8) The estimated total valuation of the property is Rs.14,36,082.20 +50,000 = Rs.14,86,082.20/- as described in para no.3 of the affidavit of valuation of petition.
(9) The petitioner is the son of the deceased and his real sister has given no objection to the grant of Letter of Administration in favour of the petitioner. In view of the aforesaid facts and circumstances, I consider it fit and appropriate to permit the petitioner to administer the estate/credits of the deceased.
(10) Accordingly, Letter of Administration is granted to the estate and credits of the deceased in favour of the petitioner subject to the Registrar General certifying payment of court fee as contemplated under Rule 9 of Chapter XXX of the Rules of the Court.
(11) Petition is allowed.
Order Date :- 28.11.2019 Raj