Court No. - 30 Case :- TESTAMENTARY CASES No. - 8 of 2010 Petitioner :- In The Matter Of The Goods Of Late Deep Narain Singh Petitioner Counsel :- C.P. Singh,Mata Prasad Hon'ble Abhinava Upadhya,J.
This is an application under Chapter XXX Rule 6 of the Rules of the Court
read with the Indian Succession Act, 1925 for grant of Letter of
Administration with regard to the estate of Late Deep Narain Singh who is
said to have expired on 10.11.2009. The petitioner is widow of the deceased.
On 3.2.2010 this Court had issued notice to the Administrator General and the
Board of Revenue. It was also directed that the notices be issued to the next of
kin of the deceased as mentioned in para 3 of the petition. The next of kin as
mentioned in para 3, besides widow of the deceased, Km. Kirti Singh, Km.
Kivi Singh and Udit Narain Singh are all minor children of the deceased. By
the aforesaid order dated 3.2.2010 citation was also directed to be published
in one issue of Hindi Daily “Amrit Prabhat” and one issue of English Daily
“Northern India Patrika” both published from Allahabad fixing 11.3.2010 as
the date of hearing before this Court.
It is submitted that notices have been duly served upon the Administrator
General and the Board of Revenue as well as next of kin of the deceased and
the citation has also been published in the aforesaid Dailies on 11.2.2010. The
original publications in the newspapers have been filed by the petitioner and
are on record.
No objection so far has been received from any quarter pursuant to the
aforesaid advertisement and, therefore, this Court vide order dated 11.3.2010
directed the matter to be listed as non-contentious.
I have heard Sri Mata Prasad, learned counsel for the petitioner and also
perused the petition which is supported by an affidavit. As noticed above,
despite publication of citation none has come forward to oppose the prayer
made in the writ petition for grant of Letter of Administration in favour of the
petitioner. As the averments made in the petition have not been controverted,
the petition can be allowed. The Registrar General has also given certificate
under Chapter XXX Rule 8 of the Rules of the Court that no intimation has
been received by this Court from any other High Court or District Court
regarding grant of probate of any will or Letter of Administration of the
property and credits of the aforesaid deceased.
Consequently, the petition stands allowed. Let the Letter of Administration be
granted in favour of the petitioner regarding the estate of Late Deep Narain
Singh on payment of ad valorem court fee on the estate of the deceased and
after the Registrar General gives certificate under Chapter XXX Rule 9 of the
Rules of the Court regarding sufficiency of the court fee.
I order accordingly.
Order Date :- 2.4.2010
SA