Court No. - 2
Case :- TESTAMENTARY CASES No. - 17 of 2018 Petitioner :- Jata Shankar Dwivedi In The Matter Of The Goods Of Late Smt. Anar Kali Respondent :- Na Counsel for Petitioner :- Shyam Sunder Singh Counsel for Respondent :- Raj Kumar Mishra
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Petitioner, Jata Shanker Dwivedi, is seeking Letters of Administration to the estate and the credits of the deceased late Smt. Anar Kali, who is reported to have died on 12.2.2016. A death certificate dated 28.4.2016 has been brought on record, as per which Smt. Anar Kali died on 12.2.2016. Petitioner is son of the deceased.
2. On the presentation of the petition, notices were directed to be issued to the Administrator General U.P.. Notice of this petition was also directed to be served on Board of Revenue of U.P.
3. In response to the notices so issued, the other beneficiaries have filed their affidavit of consent for the grant of Letters of Administration to the estate and credits of the deceased.
4. The Administrator General and the Board of Revenue have also not filed any objection.
5. An affidavit of service has been filed, in response to the same consent has been given by other beneficiaries namely other heirs and their Affidavits have been filed stating that they have no objection if letters of administration is granted in favour of the petitioner.
6. In view of above, the matter is non-contentious in nature. Today the affidavits of all parties is taken on record.
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 abovenamed 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 estate and credits of the deceased.
8. The estimated value as per the bank statement which showed the current balance as Rs.10,44,858.04 p. All the heirs of the deceased have consented to the grant of letters of Administration in favour of the petitioner.
9. In view of the aforesaid facts and circumstances, as the petitioner is the son of the deceased and the heir of the deceased coupled with the fact that the other beneficiry has appeared and consented to the grant of letters of Administration, 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 late Smt. Anar Kali 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 :- 29.5.2018 Irshad