JUDGMENT S.P. Mehrotra, J.
1. The present Testamentary Case has been filed by Anand Prakash Dwivedi (petitioner), interalia, praying for grant of Letters of Administration in respect of the estate of the late Smt. Inder Devi, as mentioned in Schedule accompanying the Affidavit of Valuation.
2. It is, interalia, stated in the Testamentary Petition that the said Smt. Inder Devi expired on 18.10.2002. Photostat copy of the Family Register has been filed as Annexure-1 to the Testamentary Petition.
3. It is pertinent to mention that an application being Civil Misc. Application No. 2141 of 2005 (Paper No. A-10) was filed on behalf of the petitioner (Anand Prakash Dwivedi), interalia, praying for taking on record the Supplementary Affidavit filed alongwith the said application. By an order passed on the aforesaid application on 25.2.2005, the Supplementary Affidavit filed alongwith the said application including the certified copy of the Pariwar Register filed as Annexure-SA-1 to the said Supplementary Affidavit were taken on record.
4. A perusal of the said certified copy of the Pariwar Register shows that the date of death of the said Smt. Inder Devi (deceased) has been shown as 18.10.2002.
5. It is, interalia, further stated in the Testamentary Petition that the deceased (Smt. Inder Devi) had deposited Rs. 50,820/- in Special Term Deposit in State Bank of India, High Court Branch, Allahabad on 17.3.1999 for 66 months vide Account No. 01292026727 which matured on 13.11.2002; and that the maturity value of the amount is Rs. 89,735/-. Photostat copy of the Special Term Deposit Receipt has been filed as Annexure-2 to the Testamentary Petition.
6. It is, interalia, further stated in the Testamentary Petition that the deceased (Smt. Inder Devi) has left Rs. 11,214.11 in Savings Bank Account No. 01190009285 in State Bank of India, High Court Branch, Allahabad. Photostat copy of the relevant extract of the Passbook of the said Savings Bank Account has been filed as Annexure-3 to the Testamentary Petition.
7. It is, interalia, further stated in paragraph 3(a) of the Testamentary Petition that except the amount mentioned above, the deceased has not left any other movable or immovable property.
8. It is, interalia, stated in paragraph 4 of the Testamentary Petition that the deceased has left the following heirs including the petitioner.
(1) Rama Kant Dwivedi : Dewar (husband's younger brother) of the deceased.
(2) Virendra Prakash Dwivedi : Nephew of the deceased.
9. It is, interalia, further stated in paragraph 4 of the Testamentary Petition that both the said heirs/next-of-kins are residents of Village Benipur alias Hasimpur, Post Office-Tej Pur (Mau Aima), Pargana-Sikandra, Tehsil Phoolpur, District- Allahabad.
10. It is, interalia, stated in paragraph 4 (a) of the Testamentary Petition that the petitioner is nephew (son of husband's younger brother) of the deceased.
11. It is, interalia, stated in paragraph 6 of the Testamentary Petition that the petitioner has correctly set forth in Schedule-1 accompanying the Affidavit of Valuation, the details of the assets of the deceased.
12. Alongwith the Testamentary Petition, an Affidavit of Valuation, sworn by Anand Prakash Dwivedi (petitioner) on 28.4.2004 has been filed. In paragraph 3 of the said Affidavit of Valuation, it is, interalia, stated that the petitioner has correctly shown in Schedule-1 accompanying the Affidavit of Valuation, the true Valuation of the Assets which are likely to come to the petitioner's hands.
13. Schedule-1 to the Affidavit of Valuation gives the details of the assets left by the deceased (Smt. Inder Devi).
14. In paragraph 7 of the Testamentary Petition, it is, interalia, stated that to the best of the petitioner's knowledge and belief, no application for grant of Probate or Letters of Administration has been made in any Court of Law.
15. In paragraph 8 of the Testamentary Petition, it is, interalia, stated that the petitioner undertakes to duly administer the properties and credits of the deceased (Smt. Inder Devi), and the inventory and the account will be filed within 6 months and 12 months, respectively, from the date of grant of Letters of Administration to the petitioner.
16. An affidavit of the said Anand Prakash Dwivedi (petitioner) sworn on 11.4.2005, has been filed alongwith Civil Misc. Application No. 84921 of 2005. By a separate order passed today on the said application, it has, interalia, been directed that the said affidavit filed alongwith the said application be taken on record and be read in support of the Testamentary Petition.
17. A perusal of the said affidavit, sworn on 11.4.2005, shows that the averments made in the Testamentary Petition have been reiterated in the said affidavit.
18. By the order dated 13.7.2004, notice was directed to be issued to the next-of-kins mentioned in paragraph 4 of the Testamentary Petition, namely, Rama Kant Dwivedi and Virendra Prakash Dwivedi. It was, interalia, further directed that notice be issued to the Administrator General and Official Trustee, U.P., Allahabad and the Board of Revenue, U.P., Allahabad. Besides, the said order dated 13.7.2004, interalia, directed for publication of citation in one issue of the newspaper "Northern India Patrika" published in English from Allahabad and in one issue of the newspaper "Dainik Jagran" published in Hindi from Allahabad.
19. It was, interalia, directed by the said order dated 13.7.2004 that the notices would be issued fixing a date in the week commencing 27.9.2004.
20. The said order dated 13.7.2004 is reproduced below:
"Supplementary affidavit filed today be taken on record.
Issue notice to the following:
(1) Next of kins mentioned in paragraph No. 4 of the petition.
(2) Administrator General and the Official Trustee, U.P., Allahabad.
(3) Board of Revenue, U. P., Allahabad.
Besides, citation will be published in one issue of the Newspaper "Northern India Patrika" published in English from Allahabad and in one issue of the newspaper "Dainik Jagran" published in Hindi from Allahabad.
Notices will be issued fixing a date in the week commencing 27.9.2004.
Registrar General will submit the requisite Certificate as per the requirement of Chapter XXX, Rule-8 of the Rules of the Court.
Steps will be taken by the learned counsel for the petitioner within two weeks.
Alongwith the notices, copy of the petition as well as Supplementary affidavit filed today will be sent."
21. It appears from the Office Report dated 4.10.2004 that pursuant to the said order dated 13.7.2004, notices were issued to the next-of-kins mentioned in paragraph 4 of the Testamentary Petition (namely, Rama Kant Dwivedi and Virendra Prakash Dwivedi) as well as to the Administrator General, U.P., Allahabad and the Board of Revenue, U.P., Allahabad.
22. The said Office Report dated 4.10.2004 further shows that the notices issued to the Administrator General, U.P., Allahabad and the Board of Revenue, U.P., Allahabad were served.
23. As regards the next-of-kins mentioned in paragraph 4 of the Testamentary Petition, namely, Rama Kant Dwivedi and Virendra Prakash Dwivedi, the said Office Report, interalia, stated that "neither A.D. nor undelivered letter has been returned back".
24. It was, interalia, further stated in the said Office Report dated 4.10.2004 that the learned counsel for the petitioner had taken steps for publication of citation in the newspaper "Northern India Patrika", published in English from Allahabad, and the newspaper "Dainik Jagran", published in Hindi from Allahabad, but the learned counsel for the petitioner had not filed copies of the said newspapers.
25. It further appears that Civil Misc. Application No. 178731 of 2004 (Paper No. A-7) was filed on behalf of the petitioner, interalia, praying for taking on record, copies of the said newspapers wherein citation pursuant to the said order dated 13.7.2004 had been published.
26. The said application (Paper No. A-7) was supported by a Supplementary Affidavit, sworn by Anand Prakash Dwivedi (petitioner) on 30.9.2004.
27. On 4.10.2004, the Court passed the following order on the said application (Paper No. A-7);
"The present application has been filed on behalf of the petitioner supported by a supplementary affidavit sworn by Anand Prakash Dwivedi (Petitioner), on 30th Sept. 2004.
It is, inter-alia, stated in the said supplementary affidavit that pursuant to the order dated 13th July, 2004, the petitioner got the citation published in the English newspaper "Northern India Patrika" dated 31st July, 2004 and in the Hindi newspaper "Dainik Jagran" dated 31st July, 2004. Relevant extracts of the newspapers have been filed as Annexure Nos. SA-1 and SA-1-A, respectively to the supplementary affidavit.
Having regard to the averments made in the application and its supporting supplementary affidavit, it is directed that the said supplementary affidavit along with the extracts of the said newspapers enclosed as Annexures SA.-1 and SA-1-A, respectively to the said supplementary affidavit be taken on record.
Office is directed to submit report as to whether any Caveat/objection has been filed in response to the publication of the citation in the said newspapers.
List this case in the week commencing 8th November 2004."
28. From a perusal of the said order dated 4.10.2004, it is evident that the Office was directed to submit Report as to whether any caveat/objection had been filed in response to the publication of citation in the said newspapers.
29. Pursuant to the directions given in the said order dated 4.10.2004, the Office submitted its Report dated 8.11.2004. The said Office Report dated 8.11.004 is reproduced below:
"In compliance with the Hon'ble Courts order dt. 4-10-04 (A-7), in response to the issuance of notices as well as to the publication of citation in the newspapers, none has come forward to oppose the prayer made in the Petition of Testamentary Case.
The case is put up for orders."
30. It further appears that in the meantime, Civil Misc. Application No. 200752 of 2004 (Paper No. A-9) was filed on behalf of Rama Kant Dwivedi, next-of-kin, mentioned at Sl.No. 1 in paragraph No. 4 of the Testamentary Petition. The said application was supported by an affidavit of Rama Kant Dwivedi, sworn on 3.11.2004.
31. It further appears that Civil Misc. Application No. 200755 of 2004 (Paper No. A-8) was filed on behalf of Virendra Prakash Dwivedi, next-of-kin, mentioned at Sl. No. 2 in paragraph No. 4 of the Testamentary Petition. The said application was supported by an affidavit of Virendra Prakash Dwivedi, sworn on 3.11.2004.
32. In the circumstances, the Court passed the following order dated 8.11.2004;
"Pursuant to the order dated 4.10.2004, passed on Civil Misc. Application No. 178731 of 2004 (Paper No. A-7), the case is listed today.
A perusal of the record shows that an application being Civil Misc. Application No. 200752 of 2004 (paper No. A-9) has been filed on behalf of Rama Kant Dwivedi, next-of-kin, mentioned at Sl. No. 1 in paragraph 4 of the Testamentary Petition. The said application is supported by an affidavit of Rama Kant Dwivedi sworn on 3.11.2004.
Another application being Civil Misc. Application No. 200755 of 2004 (Paper No. A-8) has been filed on behalf of Virendra Prakash Dwivedi, next-of-kin, mentioned at Sl. No. 2 in paragraph 4 of the Testamentary Petition. The said application is supported by an affidavit of Virendra Prakash Dwivedi sworn on 3.11.2004.
Perused the office report dated 8.11.2004 submitted pursuant to the said order dated 4.10.2004 passed on the aforementioned Civil Misc. Application No. 178731 of 2004 (Paper No. A-7).
In view of the said office report, the Testamentary Case is a non-contentious one.
List this case for hearing in the week commencing 13.12.2004.
The name of Shri P.K. Tiwari will be shown in the cause list as the learned counsel for the said Rama Kant Dwivedi and Virendra Prakash Dwivedi when the case is listed next."
33. Thus, by the said order dated 8.11.2004, the Testamentary Case was treated to be a non-contentious one in view of the provisions of Chapter XXX, Rule 3 of the Rules of the Court, 1952.
34. A perusal of the order-sheet shows that the Registrar General has submitted the Certificate dated 30.7.2004 as per the requirements of Chapter XXX, Rule 8 of the Rules of the Court, 1952. The said Certificate is quoted below:
"I HEREBY CERTIFIED THAT no intimation has been received by this Court from any other High Court or any District Court of any grant of Probate of any Will or Letter of Administration of the property and credits of the above named deceased with effect throughout the territory of India.
Dated this 30th day of July 2004."
36. I have heard Shri R.A. Mishra, learned counsel for the petitioner and Shri Ramesh Singh holding brief for Shri P.K. Tiwari, learned counsel for the next-of-kins, mentioned in paragraph 4 of the Testamentary Petition.
37. From the above narration of facts, it is evident that Smt. Inder Devi (deceased) died on 18.10.2002. Photostat copy of the Family Register mentions the date of death of the said Smt. Inder Devi has been filed as Annexure-1 to the Testamentary Petition.
38. It is further evident that the deceased (Smt. Inder Devi) left behind as her next-of-kins/ heirs, the petitioner as well as the persons mentioned in paragraph 4 of the Testamentary Petition, namely, Rama Kant Dwivedi and Virendra Prakash Dwivedi.
39. It is further evident from the averments made in paragraph 4(a) of the Testamentary Petition that the petitioner (Anand Prakash Dwivedi) is nephew (son of the Husband's younger brother) of the deceased (namely, Smt. Inder Devi).
40. As regards Rama Kant Dwivedi, next-of-kin mentioned at Sl.No. 1 in paragraph 4 of the Testamentary Petition, as noted above, an affidavit sworn by the said Rama Kant Dwivedi on 3.11.2004 has been filed alongwith Civil Misc. Application No. 200752 of 2004 (Paper No. A-9). It is, interalia, stated in paragraph 4 of the said affidavit of Rama Kant Dwivedi that he (Rama Kant Dwivedi) has no objection if the Letters of Administration is granted in the name of his nephew, Anand Prakash Dwivedi (petitioner).
41. As regards Virendra Prakash Dwivedi, next-of-kin mentioned at Sl.No. 2 in paragraph 4 of the Testamentary Petition, as noted above, an affidavit sworn by the said Virendra Prakash Dwivedi on 3.11.2004 has been filed alongwith Civil Misc. Application No. 200755 of 2004 (Paper No. A-8). It is, interalia, stated in paragraph 4 of the said affidavit of Virendra Prakash Dwivedi that he (Virendra Prakash Dwivedi) has no objection if the Letters of Administration is granted in the name of his brother, Anand Prakash Dwivedi (petitioner).
42. No objection has been received from the Administrator General and Official Trustee, U.P., Allahabad to the grant of Letters of Administration in favour of the said Anand Prakash Dwivedi (petitioner).
43. It is further evident that the citation, as directed by the order dated 13.7.2004, was taken out in the two newspapers, namely, the newspaper "Northern India Patrika" published in English from Allahabad and the newspaper "Dainik Jagran" published in Hindi from Allahabad, each dated 31.7.2004. However, no objection/caveat has been filed by any person in response to the said citation.
44. As mentioned above, by the order dated 8.11.2004, the present case was treated to be a non-contentious one in view of the provisions of Chapter XXX, Rule 3 of the Rules of the Court, 1952.
45. From the aforesaid discussion, it is evident that there is no contest to the grant of Letters of Administration in favour of Anand Prakash Dwivedi (petitioner) in respect of the estate of the deceased (Smt. Inder Devi).
46. The averments made in the Petition are supported by the affidavit of the said Anand Prakash Dwivedi (petitioner), sworn on 11.4.2005 filed alongwith Civil Misc. Application No. 84921 of 2005.
47. The averments made in the Testamentary Petition have not been controverted by any one. In fact, as noted above, the said Rama Kant Dwivedi and Virendra Prakash Dwivedi have filed their respective affidavits, interalia, stating their no-objection to the grant of Letters of Administration in favour of Anand Prakash Dwivedi (petitioner).
48. In the circumstances, the Court is satisfied that the prayer made in the Petition deserves to be allowed. The Testamentary Petition is accordingly allowed.
49. Let Letters of Administration be granted to Anand Prakash Dwivedi (petitioner) in respect of the estate of the deceased (Smt Inder Devi) on payment of ad-valorem Court Fee on the estate of the deceased (Smt. Inder Devi) and after the Registrar General gives a Certificate under Chapter XXX, Rule 9 of the Rules, of the Court regarding the sufficiency of the Court Fee and after the requisite administration Bond is given by the said Anand Prakash Dwivedi (petitioner) as per the provisions of Chapter XXX, Rule 26 of the Rules of the Court, 1952,
50. I order accordingly.