The court granted Letters of Administration to the petitioner, the widow of the deceased, after receiving no-objection affidavits from other heirs and finding no opposing parties.
Letters of Administration granted to the petitioner, subject to certification of court fee payment by the Registrar General.
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Court No. - 53
Case :- TESTAMENTARY CASES No. - 39 of 2019
Petitioner :- Smt. Kamrun Nisha In The Matter Of The Goods Of Late Ansar Husain
Respondent :- Na
Counsel for Petitioner :- Mohd. Parvez,Mohammad Fahad
Hon'ble Vivek Agarwal,J.
Four affidavits of no objections of Km. Rubina, Mohd. Faizi, Mohd. Amir and Mohd. Azeem filed today through their counsel pursuant to the order dated 20.01.2020 are taken on record.
Heard Mohd. Parvez, learned counsel for the petitioner and Mohd. Fahad, learned counsel for the respondent.
Petitioner-Smt. Kamrun Nisha w/o late Ansar Husain is seeking Letters of Administration to the estate and the credits of the deceased late Ansar Husain, who is reported to have died on 07.04.2019 at U.H.M. Hospital, Kanpur. A death certificate dated 24.04.2019 has been brought on record, as per which late Ansar Husain died on 07.04.2019. The next of kin of the deceased has been specified in para-4 of the petition. Notices were issued to them on 30.11.2019.
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.
The citation of the petition was directed to be published in two newspapers 'Amar Ujala' (Hindi) published from Kanpur on 12.12.2019 and 'The Pioneer' (English) published from Lucknow circulated in Kanpur on 07.12.2019.
The Administrator General and the Board of Revenue have also
not filed any objection.
An affidavit of service has been filed bringing on record the original copies of the newspapers 'Amar Ujala' (Hindi) and 'The Pioneer' (English)' containing the citation but in response to the same no person has come forward to oppose the grant or to file any objection.
Pursuant to that notice, affidavits of no objection have been filed by Km. Rubina, Mohd. Faizi, Mohd. Amir and Mohd. Azeem through their lawyer Sri Mohd. Fahad, Advocate.
In view of above, the matter is non-contentious in nature.
The deceased had died at U.H.M. Hospital, Kanpur, and his death certificate dated 24.09.2019 has been digitally signed by Registrar (Birth and Death), Nagar Nigam, Kanpur.
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.
The petitioner has filed details of the property/credits left behind by the deceased. The estimated total valuation of the property is Rs. 15,02,184.39 /- which is in the form of saving account (A/C No.30490100003366) with the Bank of Baroda, Branch-Fatahgarh, Farrukhabad (U.P.).
In view of the aforesaid facts and circumstances, as the petitioner is widow of the deceased and the other heirs of the deceased have expressed their no objection to the grant of
letters of administration to the petitioner, coupled with the fact that no one else has appeared to contest the grant, I consider it fit and appropriate to permit the petitioner to administer the estate/credits of the deceased.
Accordingly, Letter of Administration is granted to the estate and credits of the deceased late Ansar Husain in favour of the petitioner-Smt. Kamrun Nisha w/o late Ansar Husain subject to the Registrar General certifying payment of court fee as contemplated under Rule 9 of Chapter XXX of the Rules of the Court.
Petition is, accordingly, allowed.
Order Date :- 24.2.2020 Ashutosh
1 issue framed by the court
Whether the petitioner is entitled to Letters of Administration to the estate of the deceased.
Smt. Kamrun Nisha
Na
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
