Allowed

Alka Saxena, in the Matter of Goods of Late Dinesh Kumar Saxena v. Na

Allahabad HC20 Oct 2022TEST/12/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted a Letter of Administration to Alka Saxena, the deceased's widow, for probate of the estate and credits after receiving no objection from the Administrator General, Board of Revenue, and other next of kin.

What did the court decide?

Letter of Administration granted to the estate and credits of the deceased Late Dinesh Kumar Saxena in favour of the petitioner.

Alka Saxena, in the Matter of Goods of Late… — Succession and Inheritance | Allahabad HC (2022)

¶1

Court No. - 10

¶2

Case :- TESTAMENTARY CASES No. - 12 of 2022

¶3

Petitioner :- Alka Saxena, In The Matter Of Goods Of Late Dinesh Kumar Saxena Respondent :- Na Counsel for Petitioner :- Avinash Chandra Srivastava,Divya Ojha Counsel for Respondent :- Nagendra Kumar Singh

¶4

Hon'ble Rohit Ranjan Agarwal,J.

¶5

Heard learned counsel for the petitioner.

¶6

Petitioner-Alka Saxena, wife of Late Dinesh Kumar Saxena is seeking Letter of Administration to the estate and the credits of the deceased late Dinesh Kumar Saxena who is reported to have died on 23.04.2021 at his home. His death certificate dated 21.06.2021 has been brought on record, as per which Dinesh Kumar Saxena died on 23.04.2021. The next of kin of the deceased has been specified in para 5 of the petition.

¶7

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.

¶8

The citation of the petition was directed to be published in two newspapers 'Aaj' (Hindi) and 'The Northern India Patrika' (English), published from Prayagraj on 30.03.2022.

¶9

The learned counsel for Administrator General has filed his report that as per the record maintained in the office of Administrator General U.P. High Court, Allahabad no application for grant of letter of administration in respect of estate of Late Dinesh Kumar Saxena has been filed either by petitioner or by any other person in the office. There is no objection from the office of Administrator General.

¶10

The report of Deputy Registrar, Sadar-II, District Prayagraj dated 04.06.2022 states that the valuation of the property is Rs.43,75,038.76/-.

¶11

An affidavit of service has been filed bringing on record original copies of the newspapers 'Aaj' (Hindi) and 'Northern India Patrika' (English)' both published from Prayagraj on 06.04.2022 and 05.04.2022 respectively, containing the citation but in response to the same, no person has come forward to oppose the grant or to file any objection.

¶12

Pursuant to that notice, affidavits of no objection has been filed by Aviral Saxena and Stuti Saxena through their lawyer Sri Nagendra Kumar Singh.

¶13

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

¶14

The deceased had died at his home i.e. LIG-28, Kalindipuram, Prayagraj, and his death certificate dated 21.06.2021 has been signed by Registrar (Birth and Death), Nagar Nigam, Zone-1, Khuldabad, Prayagraj.

¶15

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.

¶16

The petitioner has filed details of the property/credits left behind by the deceased. As per the affidavit of Valuation, the estimated total valuation of the property is Rs. 45,22,621.57/(Rupees Forty Five Lakh Twenty Two Thousand Six Hundred Twenty One and Fifty Seven Paise only) which is sum of amounts Rs. 42,87,046.57/- in State Bank of India, High Court Branch, Prayagraj, S/B A/c No. 10277493074; and Rs.2,35,575/- in A/c No. 0305775836 in Post Office, High Court Branch, Prayagraj, and the total valuation of property as per the report of Deputy Registrar, Sadar-II, District Prayagraj is Rs. 43,75,038.76/-. Petitioner is directed to deposit the Court fee on the amount mentioned in the report of Deputy Registrar, Sadar-II, District Prayagraj i.e. Rs. 43,75,038.76/-.

¶17

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 letter 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.

¶18

Accordingly, Letter of Administration is granted to the estate and credits of the deceased Late Dinesh Kumar Saxena in favour of the petitioner- Alka Saxena w/o Late Dinesh Kumar Saxena subject to the Registrar General certifying payment of court fee as contemplated under Rule 9 of Chapter XXX of the Rules of the Court and on her executing administration bonds in accordance with Chapter XXX Rule 26 of the Rules of the

¶19

Court. The petitioner will thereafter comply with rules and submit the statement of accounts in the Court in accordance with the rules.

¶20

Petition is, accordingly, allowed.

¶21

Order Date :- 20.10.2022 V.S.Singh

¶22

Digitally signed by VIDYA SAGAR SINGH Date: 2022.10.21 16:13:51 IST Reason: Location: High Court of Judicature at Allahabad

Alka Saxena, in the Matter of Goods of Late Dinesh Kumar Saxena v. Na

Case brief

What is this about?

What did the court decide?

Alka Saxena, in the Matter of Goods of Late Dinesh Kumar Saxena v. Na

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vindhyachal Yadav and 5 Others Vs Ravendra Singh, S.D.O.

Sardar Indrajeet Singh @ Raju Vs Shri Vijay Kumar Vishakarma

Badri Nath Tripathi Vs Shri Savendra Vikram Singh, Director and Another

Preeti Singh Vs Sri Pratap Singh Baghel,Secretary

Uma Shankar Saroj and 4 Others Vs Ruby Singh, Secretary , Board of Basic Education

Gajendra Kumar Vs Sri Pratap Singh Baghel,Secretary