Allowed

Dayal Swaroop Kulshretha in the Matter of the Estate of Late Smt. Vidhulata Kulshreshta and Another v. Smt. Priya and Another

Allahabad HC10 Feb 2020TEST/22/2019

Case brief

AI extract

What is this about?

The single judge granted Letters of Administration to the petitioners. Next of kin filed affidavits of no objection. No other parties appeared to contest the grant. The court found the matter non-contentious and approved the petition for administration.

What did the court decide?

Letters of Administration granted to the petitioners to administer the estate of the deceased late Smt. Vidhulata Kulshreshta.

Dayal Swaroop Kulshretha in the Matter of the… — Succession and Inheritance | Allahabad HC (2020)

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Court No. - 53

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Case :- TESTAMENTARY CASES No. - 22 of 2019

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Petitioner :- Dayal Swaroop Kulshretha In The Matter Of The Estate Of Late Smt. Vidhulata Kulshreshta And Another Respondent :- Smt. Priya And Another Counsel for Petitioner :- Roshni Shukla Counsel for Respondent :- Sushmita Mukherjee,Abhijeet Mukherji

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Hon'ble Vivek Agarwal,J.

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Ms. Roshni Shukla, counsel for the petitioners. None for the respondent.

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Since next of kins have already given affidavits expressing their no objection to issuance of letter of administration in favour of the petitioner namely Dalay Swaroop Kulshretha.

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Two affidavits of no objections of Mrs. Priya Kulshestha and Shivani Kulshrestha filed today through their counsel pursuant to the order dated 13.8.2019 are taken on record.

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Petitioners Dayal Swaroop Kulshretha, S/o Late Sri Chandan Lal and Sri Rahul Dev Kulshrestha, S/o Sri Dayal Swaroop Kulshretha are seeking Letters of Administration to the estate and the credits of the deceased late Smt. Vidhulata Kulshrestha, who is reported to have died on 6.6.1993 at 37/210, Saran Nagar, Dayalbagh, Agra. A death certificate dated 24.3.2009 has been brought on record. The next of kin of the deceased has been specified in para-7 of the affidavit. Notices were issued to them on 24.8.2019.

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On the presentation of the petition, notices were directed to be issued to the Administrator General U.P.. Notice of this petition was also directed to be served on Board of Revenue of U.P.

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The citation of the petition was directed to be published in two newspapers namely 'Hindustan (Hindi)' and 'Times of India (English)' both published from Agrad on 16.12.2019.

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The Administrator General and the Board of Revenue have also not filed any objection.

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An affidavit of service has been filed bringing on record the original copies of the newspapers 'Hindustan (Hindi)' and 'Times of India (English)' both published from Agra on 16.12.2019 respectively, containing the citation but in response

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to the same no person has come forward to oppose the grant or to file any objection.

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Pursuant to that notice, Mrs. Priya Kulshestha and Shivani Kulshresytha have filed thier affidavits of no objection by their counsel Ms. Sushmita Mukharjee and Sri Abhjeet Mukharjee.

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

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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 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 petitioner has filed details of the property/credits left behind by the deceased. The estimated total valuation of the property is Rs. 1,55,000/- and shares in M/s Seema Ice and Cold Storage Ltd, Regd Office 37/210-C, Saran Nagar, Patti, Agra.

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In view of the aforesaid facts and circumstances, the heirs of the deceased have expressed their no objection to the grant of letters of administration to the petitioners, coupled with the fact that no one else has appeared to contest the grant, I consider it fit and appropriate to permit the petitioners to administer the estate of the deceased.

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Accordingly, Letter of Administration is granted to the estate of the deceased late Smt. Vidhulata Kulshretha in favour of the petitioners namely Dayal Swaroop Kulshretha, S/o Late Sri Chandan Lal and Sri Rahul Dev Kulshrestha, S/o Sri Dayal Swaroop Kulshretha 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, accordingly, allowed.

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Order Date :- 10.2.2020 S.K.S.

Dayal Swaroop Kulshretha in the Matter of the Estate of Late Smt. Vidhulata Kulshreshta and Another v. Smt. Priya and Another

Case brief

What is this about?

What did the court decide?

Dayal Swaroop Kulshretha in the Matter of the Estate of Late Smt. Vidhulata Kulshreshta and Another v. Smt. Priya and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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