Allowed

Umesh Kumar and Another in the Matter of the Goods of Late Hira Lal v. Na

Allahabad HC13 Oct 2022TEST/42/2022

Case brief

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What is this about?

The High Court granted Letters of Administration to Umesh Kumar and Girijesh Kumar, sons of the deceased, for the estate and credits of Late Hira Lal. The court found the matter non-contentious after verifying no other claims and receiving no objection from other heirs. The petition was allowed subject to depositing court fees and executing administration bonds.

What did the court decide?

Letters of Administration granted to Umesh Kumar and Girijesh Kumar subject to payment of court fees and execution of administration bonds.

Umesh Kumar and Another in the Matter of the… — Succession and Inheritance | Allahabad HC (2022)

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Court No. - 10

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Case :- TESTAMENTARY CASES No. - 42 of 2022

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Petitioner :- Umesh Kumar And Another In The Matter Of The Goods Of Late Hira Lal

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Respondent :- Na

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Counsel for Petitioner :- Rajendra Pratap Singh Counsel for Respondent :- Anusri Srivastva,Sudhir Mehrotra

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Hon'ble Rohit Ranjan Agarwal,J.

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Pursuant to order dated 11.10.2022, Sri Sanjay Khatri, District Magistrate, Prayagraj is present in the Court who is identified by Sri P.K. Pandey, learned Additional Chief Standing Counsel. A report has been submitted by office of District Magistrate, Prayagraj, which is taken on record.

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Heard Sri Rajendra Pratap Singh, learned counsel for the petitioner.

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Petitioners- Umesh Kumar and Girijesh Kumar both son of Late Hira Lal are seeking Letters of Administration to the estate and the credits of the deceased Late Hira Lal, who is reported to have died on 12.09.2019 at 3/471-72, EWS Awas Vikas, Jhusi Kohana, Phulpur, District- Prayagraj. A death certificate dated 03.10.2019 has been brought on record, as per which Hira Lal died on 12.09.2019. The next of kin of the deceased has been specified in para 3 of the petition.

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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, 'Nothern India Patrika' (English) and 'Aaj' (Hindi) on 19.04.2022, both published from Allahabad (Prayagraj).

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Learned counsel appearing for Administrator General has filed his report that as per the records maintained in the office of Administrator General U.P. High Court, Allahabad, no case for issuance of letter of administration in respect of estate of Late Hira Lal has been filed either by petitioner or by any other person in the office.

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The report of District Magistrate, District Prayagraj dated 12.10.2022 states that the valuation of the property is Rs.20,79,127.05/-.

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An affidavit of service has been filed bringing on record original copies of the newspapers 'Aaj' (Hindi) and 'Northern India Patrika' (English)' both published on 10.05.2022 from Allahabad (Prayagraj).

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Pursuant to that notice, affidavits of no objection has been filed by Smt. Arundhati w/o Laljee, Smt. Usha w/o Jai Prakash and Smt. Vijay Lakshmi w/o Pradeep Kumar through their lawyer Sri Anushri Srivastava.

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

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The deceased had died at 3/471-72, EWS Awas Vikas, Jhusi Kohana, Phulpur, District- Prayagraj and his death certificate dated 03.10.2019 has been signed by ADO Panchayat, Panchayati Raj Vibhag, Bahadurpur, Prayagraj.

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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

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behind by the deceased. As per the affidavit of Valuation, the estimated total valuation of the property is Rs.20,51,114.05/(Rupees twenty lacs fifty one thousand one hundred fourteen and five paise only) which is in State Bank of India, Triveni Branch, Kutchery Road, Prayagraj, Account No. 11075943708, and the total valuation of property as per the report of District Magistrate, District Prayagraj is Rs.20,79,127.05/-. The petitioner is directed to deposit the court fees on the amount mentioned in the report of District Magistrate, DistrictPrayagraj which is Rs.Rs.20,79,127.05/-.

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In view of the aforesaid facts and circumstances, as the petitioners are sons 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.

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Accordingly, Letter of Administration is granted to the estate and credits of the deceased Late Hira Lal in favour of the petitioners- Umesh Kumar and Girijesh Kumar 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 their executing administration bonds in accordance with Chapter XXX Rule 26 of the Rules of the Court. The petitioners will thereafter comply with rules and submit the statement of accounts in the Court in accordance with the rules.

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Petition is, accordingly, allowed.

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Order Date :- 13.10.2022 V.S.Singh

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Digitally signed by VIDYA SAGAR SINGH Date: 2022.10.13 17:31:50 IST Reason: Location: High Court of Judicature at Allahabad

Umesh Kumar and Another in the Matter of the Goods of Late Hira Lal v. Na

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Umesh Kumar and Another in the Matter of the Goods of Late Hira Lal v. Na

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