The court granted a Letter of Administration to the petitioner, Smt. Sandhya Rani Upadhyay, for the estate of deceased Indira Rani Upadhyay. The grant was non-contentious as next kin consented and no objections were filed.
Letter of Administration granted to the petitioner for the estate and credits of the deceased.
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Court No. - 59
Case :- TESTAMENTARY CASES No. - 47 of 2018
Petitioner :- In The Matter Of Late Indira Rani Upadhyay By Smt. Sandhya Rani Upadhyay Respondent :- Na Counsel for Petitioner :- Ashish Jaiswal Counsel for Respondent :- Rahul Misra.,S.S.Sachan,Pramod Kumar
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Ashish Jaiswal, learned counsel for the petitioner, Sri Rahul Misra, learned counsel for next kin Smt. Jai Shree Sharma, Sri Pramod Kumar Yadav, learned counsel appearing for Meenakshi Sharma and Sri S.S. Sachan, learned counsel appearing for Sri Sachindra Upadhyay who are shown as next kin in paragraph 4 of the petition.
This petition has been filed for grant of letters of Administration of the goods and estate of the deceased Indira Rani Upadhyay, wife of late Dr. Shree Nath Upadhyay, resident of 145/56, Jawahar Lal Nehru Road, District Prayag Raj, U.P., who died at Rajendra Nagar Patna, Bihar on 2.10.2001. The next kin Smt. Jai Shree Sharma and Meenakhsi Sharma are the grand daughters and Sachindra Upadhyay is the grand son of the deceased Indira Rani Upadhyay.
The petitioner is the daughter-in-law of the deceased Indira Rani Upadhyay. The next kin Smt. Jai Shree Sharma, Smt. Meenakshi Sharma and Sachindra Upadhyay have filed separate affidavits of consent dated 24.12.2018, 30.12.2018 and 23.2.2019 respectively, whereby they have consented for letters of Administration to the petitioner for the goods and estate of the deceased Indira Rani Upadhyay.
The Administrator General, U.P., Allahabad and Board of Revenue, U.P., Allahabad have not filed any reply/objection.
Registrar General has issued a certificate under Chapter XXX Rule 8 of Allahabad High Court Rules that no grant has been made.
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.
For all the reasons aforesaid, Letter of Administration is granted to the estate and credits of the deceased late Indira Rani Upadhyay 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.
The petition is allowed.
Order Date :- 13.5.2019 Ak/
1 issue framed by the court
Whether the petitioner is eligible to administer the estate of the deceased Indira Rani Upadhyay.
2 provisions across 2 enactments
Smt. Sandhya Rani Upadhyay
Surya Prakash Kesarwani
As recorded by the court registry
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