Allowed

Shushila Dwivedi and Another v. Late Munni Lal Dwivedi

Allahabad HC23 Aug 2018TEST/2/2017

Case brief

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What is this about?

Petition for Letters of Administration filed by the wife and daughter of a deceased estate holder. Court found no other legal heirs and no prior grants under seal. Petition allowed granting administration to petitioners subject to payment of court fee.

What did the court decide?

Letters of Administration granted to petitioners Shushila Dwivedi and Maitri Dwivedi on the estate of the deceased.

Shushila Dwivedi and Another Vs Late Munni Lal… — Succession and Inheritance | Allahabad HC (2018)

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Court No. - 28

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Case :- TESTAMENTARY CASES No. - 2 of 2017 Petitioner :- Shushila Dwivedi And Another Respondent :- Late Munni Lal Dwivedi Counsel for Petitioner :- Kamla Singh

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Hon'ble Ajay Bhanot,J.

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Heard Smt. Kamla Singh, learned counsel for the petitioners.

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Petitioners namely Smt. Shushila Dwivedi and Km. Maitri Dwivedi are seeking Letters of Administration to the estate and the credits of the deceased late Munni Lal Dwivedi, who is reported to have died on 30.01.2016 at his residence at Allahabad. A death certificate dated 30.01.2016 has been brought on record which attests the death of Munni Lal Dwivedi on 30.01.2016. Petitioner no. 1 is the wife of the deceased and petitioner no. 2 is the daughter of the deceased late Munni Lal Dwivedi.

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Notices were issued to the respondents. Affidavit of service has been filed on behalf of legal heirs of the deceased asserting that there are no other legal heirs except the petitioners as described in para 5 of the affidavit of service. In view of above, the matter is non-contentious in nature. The deceased had died at his residence at Allahabad. His death certificate dated 30.01.2016 has been issued by Deputy Registrar (Birth-Death Registration), Nagar Nigam, Allahabad.

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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

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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.

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The estimated total valuation of the property is Rs. Ten Lacs (fixed deposit) in S.B.I., Branch Mumfordganj, Allahabad and Rs. Fourteen Thousand Twenty One Rupees in B. N. B. Bank.

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The petitioner no. 1 is the wife of the deceased and petitioner no. 2 is the daughter of the deceased and there are no other legal heirs of the deceased.

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In view of the aforesaid facts and circumstances, I consider it fit and appropriate to permit the petitioners 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 Munni Lal Dwivedi in favour of the petitioners 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 :- 23.8.2018 Pravin

Shushila Dwivedi and Another v. Late Munni Lal Dwivedi

Case brief

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Shushila Dwivedi and Another v. Late Munni Lal Dwivedi

Case brief

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