Allowed

Sharad Kumar in the Matter of the Goods of Late Reena Varma v. Na

Allahabad HC11 Oct 2022TEST/51/2022

Case brief

AI extract

What is this about?

The court granted a Letter of Administration to the estate of two deceased cousins, Reena Varma and Harish Chandra Varma, in favour of the petitioner, Sharad Kumar, their sole nephew, as no objections were raised and no other grants existed.

What did the court decide?

Letter of Administration to the estate of late Reena Varma and late Harish Chandra Varma granted to Sharad Kumar.

Sharad Kumar in the Matter of the Goods of Late… — Succession and Inheritance | Allahabad HC (2022)

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Court No. - 10 Case :- TESTAMENTARY CASES No. - 51 of 2022 Petitioner :- Sharad Kumar In The Matter Of The Goods Of Late Reena Varma Respondent :- Na Counsel for Petitioner :- Rajendra Pratap Singh

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Hon'ble Rohit Ranjan Agarwal,J.

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

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Petitioner- Sharad Kumar, nephew of late Reena Varma is seeking Letter of Administration to the estate and the credits of the deceased late Reena Varma and late Harish Chandra Varma who are reported to have died on 06.05.2021 and 30.04.2021 at Tej Bahadur Sapru Hospital Prayagraj and 6- P.D. Tandon Marg, Dhobi Ghat, Civil Lines Allahabad (Prayagraj), respectively. Death certificates dated 12.08.2021 and 31.08.2021 have been brought on record, as per which Reena Varma died on 06.05.2021 and Harish Chandra Varma died on 30.04.2021. As per the averments made in paragraph no.3 of the petition, the deceased has not left behind any successor except the petitioner, who is her nephew and her sole heir and legal representative.

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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 'Aaj' (Hindi) and 'Northern India Patrika' (English), published from Prayagraj.

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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 case for issuance of letter of administration in respect of estate of Late Reena Varma has been filed either by petitioner or by any other person in the office. There is no objection from the office of Administrator General.

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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 from Prayagraj on 14.05.2022, containing the citation but in response to the same, no person has come forward to oppose the grant or to file any objection.

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

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Both the deceased had died at Hospital and residence at Allahabad respectively and their death certificates dated 12.08.2021 and 31.08.2021 have been signed by Deputy Registrar Birth and Death, Tej Bahadur Sapru Hospital and Nagar Nigam Zone-3 Katra, Prayagraj, respectively.

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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 both the deceased. As per the affidavit of Valuation, the estimated total valuation of the property is Rs.34,97,393.68/-, which is in State Bank of India bearing A/C No.11176600722, Triveni Branch, in State Bank of India bearing A/C No.31783161228, Triveni Branch, Punjab National Bank bearing A/C No.0012000300319540, Civil Lines Branch and in Policy No.GSCA/342319 Life Insuranace Corporation of India P&GS Department, Delhi DOI Pension & Group Scheme Department NTPC Ltd. SCSB (Pension) Trust, NTPC Bhawan, Core-7 Scope Complex 7 Inst. Area Lodhi Road, New Delhi, 110003. The report of Deputy Registrar, Sadar-1st, Prayagraj also discloses the same amount as mentioned in the affidavit of valuation.

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In view of the aforesaid facts and circumstances, as the petitioner is nephew of both the deceased as they had died issueless, 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 Reena Devi and late Harish Chandra Varma in favour of the petitioner-Sharad Kumar, nephew of late Reena Varma 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 his executing administration bonds in accordance with Chapter XXX Rule 26 of the Rules of the Court. The petitioner 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 :- 11.10.2022 // Shekhar

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Digitally signed by SHASHI SHEKHAR PANDEY Date: 2022.10.13 13:01:23 IST Reason: Location: High Court of Judicature at Allahabad

Sharad Kumar in the Matter of the Goods of Late Reena Varma v. Na

Case brief

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Sharad Kumar in the Matter of the Goods of Late Reena Varma v. Na

Case brief

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