Allowed

Savita Singh in the Matter Ofgoods of Late Ram Babu Singh v. Na

Allahabad HC11 Feb 2019TEST/23/2018

Case brief

AI extract

What is this about?

The High Court, Allahabad granted Letters of Administration to Savita Singh, the petitioner and widow, for the estate of her late husband Ram Babu Singh. The matter was non-contentious as next of kin showed no objection.

What did the court decide?

Letters of Administration granted to the estate and credits of the deceased late Ram Babu Singh in favour of petitioner Savita Singh.

Savita Singh in the Matter Ofgoods of Late Ram… — Succession and Inheritance | Allahabad HC (2019)

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Court No. - 59

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Case :- TESTAMENTARY CASES No. - 23 of 2018

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Petitioner :- Savita Singh In The Matter Ofgoods Of Late Ram Babu Singh Respondent :- Na Counsel for Petitioner :- Kunwar Janmejay Pratam Singh,Birendra Kumar Gautam

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Counsel for Respondent :- Birendra Kumar Gautam

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri Kunwar J.P. Singh, learned counsel for the petitioner.

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The petitioner, Savita Singh is the wife of late Ram Babu Singh, who died on 6.2.2015 at Allahabad. His death was registered on 19.2.2015 and a death certificate dated 21.2.2015 was issued by the competent authority.

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The present petition has been filed by the aforesaid petitioner for grant of Letters of Administration to the petitioner in respect of the estate of the deceased amounting to Rs.10,92,833/- which was possessed at the time of his death. Schedule of properties has been filed by supplementary affidavit (Paper No.9 of 2018) dated 17.11.2018/16.12.2018. Details of next kins of the deceased Ram Babu Singh are given in paragraph 8 of the affidavit accompanying the petition, as under:-

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(i) Savita Singh (wife)

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(ii) Mini @ Manuradha Singh (married daughter)

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(iii) Tanu Radha Singh (married daughter)

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(iv) Krishna Radha Singh (married daughter)

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(v) Shriradha Singh (unmarried daughter-minor)

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On the presentation of the petition, notices were directed to be issued to the next kins of the deceased, namely, the aforementioned persons and to the Administrator General, U.P. as well as to the Board of Revenue, U.P.

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The citation of the petition was directed to be published in newspapers Dainik Jagran (Hindi) and The Hindustan Times (English) both published from Allahabad. The copies of newspapers containing the publication have been filed by the petitioner by Application No.10/2019 dated 18.1.2019. In view

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of the office report dated 16.7.2018 and 11.2.2019, service of notices to the next kins, is deemed sufficient.

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The Administrator General, U.P., Allahabad and Board of Revenue, U.P., Allahabad have not filed any reply/objection.

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Registrar General has issued a certificate under Chapter XXX Rule 8 of Allahabad High Court Rules that no grant has been made.

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Sri Birendra Kumar Gautam, Advocate has put in appearance on behalf of the next kins no.2, 3 and 4. Sri Kunwar J.P. Singh, Advocate has put in appearance on behalf of the next kin no.5 (minor) through the petitioner as natural guardian. The affidavits of next kin nos.2, 3 and 4 (Paper No.3/2018, 5/2018 and 4/2018 and affidavit on behalf of the next kin no.5 (minor) through the natural guardian i.e. the petitioner (Paper No.2/2018) have been filed in which the next kins have stated that they have no objection to the grant of Letters of Administration in favour of the petitioner i.e. Mrs. Savita Singh.

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In view of the facts above mentioned, the matter is noncontentious in nature and Letter of Administration needs to be issued since no one else has appeared to contest the grant and that the deceased had died intestate. Therefore, I consider it fit and appropriate to permit the petitioner to administer the estate/credits of the deceased.

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For all the reasons aforesaid, Letter of Administration is granted to the estate and credits of the deceased late Ram Babu Singh in favour of the petitioner, Smt. Savita Singh 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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The petition is allowed .

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Order Date :- 11.2.2019 Vivek Kr.

Savita Singh in the Matter Ofgoods of Late Ram Babu Singh v. Na

Case brief

What is this about?

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Savita Singh in the Matter Ofgoods of Late Ram Babu Singh v. Na

Case brief

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