Allowed

In the Matter of the Goods of Late Shrimati Kamla Jadwani by Shri Gokal Jadwani v. Na

Allahabad HC11 Feb 2019TEST/40/2018

Case brief

AI extract

What is this about?

Petition filed by husband for Letters of Administration intestate estate. Next kins filed affidavits of no objection. High Court granted Letters of Administration to petitioner.

What did the court decide?

Letters of Administration granted to the estate and credits of the deceased late Smt. Kamla Jadwani in favour of the petitioner Sri Gokal Jadwani.

In the Matter of the Goods of Late Shrimati… — Succession and Inheritance | Allahabad HC (2019)

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Court No. - 59

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Case :- TESTAMENTARY CASES No. - 40 of 2018

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Petitioner :- In The Matter Of The Goods Of Late Shrimati Kamla Jadwani By Shri Gokal Jadwani Respondent :- Na Counsel for Petitioner :- Gunjan Jadwani Counsel for Respondent :- Radhav Devgarg,Raghav Dev Garg

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Ms. Gunjan Jadwani, learned counsel for the petitioner.

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The petitioner Gokal Jadwani is the husband of late Smt. Kamla Jadwani, who died on 5.5.2004 at Anand Hospital, Muir Road, Dwarika Puri, Allahabad, 211002. As per certificate of the Registrar, Birth and Death dated 29.5.2004, her death was registered on 14.5.2004.

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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.8,33,621.70/- which was possessed at the time of her death. Schedule of property has been filed as Annexure-1 to the affidavit of valuation. Details of next kins of the deceased Kamla Jadwani are given in paragraph 5 of the affidavit accompanying the petition, namely, Gokal Jadwani (husband), Mohan Jadwani (son), Jitendra Jadwani (son), Rajendra Jadwani (son), Jogendra Jadwani (son) and Sanjay Jadwani (son).

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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 Northern India Patrika (English) both published from Allahabad. The copies of newspapers containing the publication has been filed by the petitioner by Application No.3/19 dated 4.1.2019. In view of the office report dated 7.1.2019, 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 Raghav Dev Garg, Advocate has put in appearance on behalf of the next kins. He has filed affidavits of next kins, namely, Mohan Jadwani (Paper No.A-8), Jitendra Jadwani (Paper No.A-9), Rajendra Jadwani (Paper No.A-11), Jogendra Jadwani (Paper No.A-10) and Sanjay Jadwani (Paper No.A-7) 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. Sri Gokal Jadwani.

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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 has 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 Smt. Kamla Jadwani in favour of the petitioner Sri Gokal Jadwani 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.

In the Matter of the Goods of Late Shrimati Kamla Jadwani by Shri Gokal Jadwani v. Na

Case brief

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In the Matter of the Goods of Late Shrimati Kamla Jadwani by Shri Gokal Jadwani v. Na

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