Court No. - 24
Case :- TESTAMENTARY CASES No. - 30 of 2018 Petitioner :- Nirmala Singh In The Matter Of The Goods Of Late Bhupendra Bahadur Singh Respondent :- Na Counsel for Petitioner :- Saral Singh,Saral Singh,Satyendra Kumar Singh Counsel for Respondent :- Anurag Singh
Hon'ble Saral Srivastava,J.
Petitioner Smt. Nirmala Singh is seeking Letters of Administration to the estate and the credits of the deceased late Bhupendra Bahadur Singh, who is reported to have died on 16th December, 2017 at 88 LIC ADA Colony New Jhunsi, 13 Jhunsi, Pulpur, Allahabad. A death certificate dated 24.1.2018 has been brought on record, as per which Bhupendra Bahadur Singh, died on 16th December, 2017. In para-4 of the affidavit, next of kin to the deceased have been specified. Notices were issued to them on 27.8.2018, pursuant to which no objections have been filed by them through their lawyers.
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.
The citation of the petition was directed to be published in newspapers 'Pioneer' (English) published from Lucknow and 'Aaj' (Hindi) published from Allahabad.
In response to the notices so issued, none has come forward to contest the grant of Letters of Administration to the estate and credits of the deceased.
The Administrator General and the Board of Revenue have also not filed any objection.
An affidavit of service has been filed bringing on record the originals of the newspapers 'Northern India Patrika' (English) and 'Aaj' (Hindi) both published from Allahabad on 15.12.2017, containing the citation but in response to the same no person has come forward to oppose the grant or to file any objection.
In view of above, the matter is non-contentious in nature.
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 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.
The petitioner has filed details of the property/credits left behind by the deceased. The estimated total valuation of the property is Rs.5415293.25. Schedule of property is annexed at Page-17.
In view of the aforesaid facts and circumstances, as the petitioner is the wife of the deceased and the other heirs of the deceased have expressed their no objection to the grant of letters of administration to the petitioner, coupled with the fact that no one else has appeared to contest the grant, I consider it fit and appropriate to permit the petitioner to administer the estate/credits of the deceased.
Accordingly, Letter of Administration is granted to the estate and credits of the deceased late Bhupendra Bahadur Singh in favour of the petitioner Smt. Nirmala Singh subject to the Registrar General certifying payment of court fee as contemplated under Rule 9 of Chapter XXX of the Rules of the Court.
Petition is allowed.
Order Date :- 18.9.2018 Ashutosh Pandey