1. Heard Sri J Nagar, learned senior counsel assisted by Sri Pratik J. Nagar, learned counsel for the petitioner, Sri Jayendra Singh, learned counsel for the next of kin and Sri Sudhir Mehrotra, learned counsel for the Administrator General.
2. Sri Sudhir Mehrotra, learned counsel for the Administrator General has filed his report, today in Court. Taken on record.
3. Office has reported that the valuation report has been received from the Board of Revenue.
4. The present petition has been filed by Sri Pradeep Kumar Sehgal, seeking Letters of Administration to the credits of the deceased Smt. Sudesh Sehgal, reported to have died on 19.01.2015 at Allahabad.
5. The next of kin of the deceased have been specified in paragraph no. - 4 of the affidavit filed in support of the petition.
6. The petition has been filed on the strength of photocopy of the death certificate of Smt. Sudesh Sehgal. The original death certificate has been filed, the same has been marked as 'X' and retained on record.
7. Pursuant to the notice issued in the present petition, the next of kin Smt. Nidhi Sahni, daughter of the deceased has filed appearance through Sri Jayendra Singh, who has also filed her no objection affidavit dated 10.11.2019.
8. The citation of the petition was required to be published in two newspapers 'Amar Ujala' (Hindi) and 'Hindustan Times' (English), published from Prayagraj (Allahabad).
9. In compliance of the order dated 13.08.2019, the petitioner has placed on record original publications made in the two newspapers 'Amar Ujala' (Hindi) and 'Hindustan Times' (English), published from Prayagraj (Allahabad) on 07.09.2019, containing the citation. In response to the same, no person has come forward to oppose the grant or to file any objection.
10. It is further submitted by learned Senior Counsel that the credits comprise of shares of different companies. Their valuation as on the date of the death has to be considered. The date of death being 19.01.2015, there is nothing brought on record in the valuation report submitted by the Board of Revenue to establish that the petitioner has under disclosed the value of the shares. The objection raised is well founded. Therefore the valuation be taken Rs.6,76,544/- as disclosed.
11. The Administrator General has not objected to the grant of Letters of Administration to the petitioner. As per the report of the Board of Revenue, there is no difference in the list of schedule properties.
12. In view of above, the matter is non-contentious in nature.
13. 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 credits of the deceased.
14. In view of the aforesaid facts and circumstances, I consider it fit and appropriate to permit the petitioner to administer the credits of the deceased.
15. Accordingly, Letter of Administration is granted to the credits of the deceased late Smt. Sudesh Sehgal in favour of the petitioner -Sri Pradeep Kumar Sehgal, husband of Late Smt. Sudesh Sehgal, subject to the Registrar General certifying payment of court fee at the value Rs.6,76,544/- and on her executing administration bonds in accordance with the Rules of the Court as contemplated under Rule 9 of Chapter XXX of the Rules of the Court. The petitioner will thereafter comply with rules and submit the statement of accounts in the Court in accordance with the rules.
16. Petition is, accordingly, allowed.
Order Date :- 22.2.2021 S.Chaurasia