Allowed

In the Matter of Goods of Late Bhola Yadav by Smt. Jayanti Yadav v. Badri Yadav and 5 Ors.

Allahabad HC16 Aug 2018TEST/20/2018

Case brief

AI extract

What is this about?

Petitioner being the sole daughter of deceased Bhola Yadav sought letters of administration. Respondent brother of deceased raised no objection. Court granted letters of administration to petitioner.

What did the court decide?

Letter of Administration granted to the petitioner to administer the estate and credits of the deceased late Bhola Yadav.

In the Matter of Goods of Late Bhola Yadav by… — Succession and Inheritance | Allahabad HC (2018)

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Reserved

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Court No. - 28

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Case :- TESTAMENTARY CASES No. - 20 of 2018 Petitioner :- In The Matter Of Goods Of Late Bhola Yadav By Smt. Jayanti Yadav Respondent :- Badri Yadav And 5 Ors Counsel for Petitioner :- Rahul Srivastava

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Hon'ble Ajay Bhanot,J.

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Heard Sri Rahul Srivastava, learned counsel for the petitioner and Sri Sikandar Khan, learned counsel for the respondent no. 1.

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Petitioner, Smt. Jayanti Yadav is seeking Letters of Administration to the estate and the credits of the deceased late Bhola Yadav, who is reported to have died on 07.12.2017 at his residence at Varanasi. A death certificate dated 07.12.2017 has been brought on record which attests the death of Bhola Yadav on 07.12.2017.

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Petitioner is the sole daughter of the deceased. The wife of the deceased namely Smt. Naulakhi Devi died in the year, 1998. The deceased did not have any children apart from the petitioner-Smt. Jayanti Yadav.

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Notices were issued to the respondents. Respondent no. 1, Badri Yadav, is the brother of the deceased-Bhola Yadav. He has filed a counter affidavit asserting that he has no objection to grant of Letters of Administration to the petitioner in respect of the estate of the deceased.

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In view of above, the matter is non-contentious in nature.

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The deceased had died at his residence at Varanasi. His death certificate dated 07.12.2017 has been issued by the

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Registrar (Birth and Death), Gram Panchayat Shivdaspur, Block Kashi Vidyapeeth, District Varanasi. 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.

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The estimated total valuation of the property is Rs. 1,27,000+ 5,594 = 1,32,594/- as described in paras 11 and 12 of the affidavit of valuation of petition.

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The petitioner is the daughter of the deceased and the other legal heir has given no objection to the grant. In view of the aforesaid facts and circumstances, I consider it fit and appropriate to permit the petitioner to administer the estate/credits of the deceased.

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Accordingly, Letter of Administration is granted to the estate and credits of the deceased late Bhola Yadav in favour of the petitioner subject to the Registrar General certifying payment of court fee as contemplated under Rule 9 of Chapter XXX of the Rules of the Court.

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Petition is allowed.

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Order Date :- 16.08.2018 Dhananjai

In the Matter of Goods of Late Bhola Yadav by Smt. Jayanti Yadav v. Badri Yadav and 5 Ors.

Case brief

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In the Matter of Goods of Late Bhola Yadav by Smt. Jayanti Yadav v. Badri Yadav and 5 Ors.

Case brief

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What did the court decide?

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