By means of the the present application, the applicant, being the son of late Banshraj Sharma, is claiming Letter of Administration in respect of the estate of late Banshraj Sharma.
Sri Banshraj Sharma died on 15.1.2009. Smt. Shanti, widow of late Banshraj Sharma, filed Testamentary Case No. 14 of 2009 for the issue of Letter of Administration in respect of the estate of late Banshraj Sharma. This Court vide order dated 9.12.2009, allowed the application and directed to issue Letter of Administration in favour of Smt. Shanti. The Letter of Administration has also been prepared on 23.12.2009. The said Letter of Administration has been issued on payment of requisite Court fee. Before the execution of the said Letter of Administration, Smt. Shanti died on 28.12.2009, therefore, the applicant, being the son, moved the present application for issue of fresh Letter of Administration in respect of the same estate, namely, the outstanding balance of Rs.5,94,660-550/- in Saving Bank Account No.19048, Union Bank of India, Branch Bilariyaganj, District Azamgarh in his favour. The exemption for payment of Court fee has also been claimed under Section 19C of the Court-Fees Act, 1870 on the ground that in respect of the same estate while issuing the Letter of Administration on 23.12.2009, the Court fee has already been paid. The notices were issued to Administrator General & Board of Revenue and also the applicant was directed to publish the citation in two newspapers. In pursuance thereof, the citation has been published in daily two newspapers, namely, Dainik Devbrat on 3.11.2010 and Swatantra Chetna on 28.11.2010. Copies of the two newspapers have been filed along with the affidavit dated 8.12.2010, which are on record. No objection has been filed.
In view of the above, the petition is allowed.
Let the Letter of Administration in respect of the estate mentioned at page 17 of the application be granted in favour of the applicant. Since the Court fee has already been paid while issuing the Letter of Administration dated 23.12.2009 in respect of the same estate, further Court fee may not be charged in view of the provision of Section 19C of the Court-Fees Act, 1870.
Order Date :- 17.1.2011 OP