1. Sri Sudhir Mehrotra, learned counsel for the Administrator General has submitted his report which discloses that there are no other or earlier application filed before any other court or authority in U.P. Taken on record.
2. Heard Sri Prem Shankar Kushwaha, learned counsel for the petitioner; Sri Rajesh Kumar Singh, learned counsel for the next of kin of the deceased i.e Dheerendra Kumar and Priyanka and; Sri Sudhir Mehrotra, learned counsel for the Administrator General.
3. Petitioner-Smt. Kusum Kushwaha, wife of late Sri Pawan Kumar Kushwaha is seeking Letters of Administration to the estate and the credits of the deceased late Sri Pawan Kumar Kushwaha, who is reported to have died on 15.4.2019. A death certificate dated 7.6.2019 has been brought on record, a copy of which has been annexed as Annexure no.1 to the writ petition. The next of kin of the deceased have been specified in para-3 of the affidavit in support of the petition.
4. The citation of the petition was published in two newspapers 'Amar Ujala' (Hindi) on 8.11.2020 and 'The Northern India Patrika' (English) on 4.11.2020, published from Prayagraj.
5. Administrator General and the Board of Revenue have also not filed any objection to the grant of Letters of Administration to the petitioner.
6. An affidavit of service has been filed bringing on record the original copies of the newspapers 'Amar Ujala' (Hindi) and 'The Northern India Patrika' (English)' published from Prayagraj on 8.11.2020 and 4.11.2020 respectively, containing the citation. In response to the same, no person has come forward to oppose the grant or to file any objection.
7. Pursuant to that notice, Priyanka (daughter) and Dheerendra Kumar (son), both have furnished their no-objection to the grant of Letters of Administration in favour of their mother i.e. the petitioner.
8. In view of above, the matter is non-contentious in nature.
9. The deceased had died at KGMU, Lucknow, and his death certificate has been digitally signed by Registrar (Birth and Death), Lucknow.
10. 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.
11. The petitioner has filed details of the property/credits left behind by the deceased. The estimated total valuation of the property is Rs.6,00,834.69/-(Six Lakhs Eight Hundred Thirty Four Rupees and Sixty Nine Paisa only) as per paragraph no.6 of the petition in support whereof valuation has been submitted as per Annexure no.1 in affidavit of valuation.
12. In view of the aforesaid facts and circumstances, as the petitioner is 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.
13. Accordingly, Letter of Administration is granted to the estate and credits of the deceased late late Sri Pawan Kumar Kushwaha in favour of the petitioner-Smt. Kusum Kushwaha, wife of of late Sri Pawan Kumar Kushwaha subject to the Registrar General certifying payment of court fee as contemplated under Rule 9 of Chapter XXX of the Rules of the Court.
14. Petition is, accordingly, allowed.
Order Date :- 13.1.2021 Prakhar