Allahabad High Court
In The Matter Of The Goods Of Late ... vs Na on 16 July, 2018
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 24
Case :- TESTAMENTARY CASES No. - 10 of 2018
Petitioner :- In The Matter Of The Goods Of Late Amar Nath Pandey, Smt. Satya Vati Pandey
Respondent :- Na
Counsel for Petitioner :- Awadhesh Kumar Sharma,Dhirendra Prasad Mishra,Ranvijay Kumar
Hon'ble Saral Srivastava,J.
The present petition has been filed by Smt. Satya Vati Pandey, widow of deceased, with a prayer for grant of Letters of Administration to the goods and estate of deceased Late Amar Nath Pandey, who has died on 06.10.2017. A death certificate dated 06.10.2017 has been brought on record, as per which Late Amar Nath Pandey died at Heartline Cardiac Care Centre, Allahabad.
In para-4 of the affidavit, next of kin to the deceased namely Kamlesh Kumar Pandey(son), Sunil Kumar Pandey(son) and Smt. Mamta Mishra(daughter) have been specified. Notices were issued to them on 30.03.2018, pursuant to which no objections have been filed by them through their lawyer Shri Ranvijay Kumar, advocate.
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 'Dainik Jagran' (Hindi) and 'The Northern India Patrika' (English) both 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 'The Northern India Patrika' (English) and 'Dainik Jagran' (Hindi) both published from Allahabad on 12.05.2018, 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 deceased had died at Heartline Cardiac Care Centre, Allahabad and his death certificate dated 06.10.2017 has been issued by Registrar (Birth and Death), Allahabad Municipal Corporation, Government of Uttar Pradesh, Allahabad.
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.
The petitioner has filed details of the property/credits left behind by the deceased. The estimated total valuation of the property is Rs. 15,26,902/-. Schedule of property is annexed at Page-27, Schedule A.
In view of the aforesaid facts and circumstances, as the petitioner is the widow 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 Amar Nath Pandey in favour of the petitioner Smt. Satya Vati Pandey 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 :- 16.7.2018
Dhananjai
