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Allahabad High Court · body

2005 DIGILAW 278 (ALL)

MONA SINGH v. STATE

2005-02-16

S.P.MEHROTRA

body2005
S. P. MEHROTRA, J. The present Testamentary Petition has been filed by Km. Mona Singh (petitioner), inter alia, praying for grant of Letters of Administration in respect of the estate of the deceased late Brij Raj Singh which he possessed of at the time of his death. 2. It is, inter alia, stated in the petition that Brij Raj Singh, son of Raj Bahadur Singh, resident of Village- Hasanpur, Post Office-Lakshagriha, Tehsil-Handia, District-Allahabad, died on the 11th day of September, 2003 at 239, Aliganj, K. M. Pur, New Delhi. 3. It is, inter alia, further stated in the Petition that the deceased (Brij Raj Singh) at the time of his death had his fixed place of abode at Village-Hasanpur, Post Office Lakshagriha, Tehsil-Handia, District- Allahabad. 4. It is, inter alia, stated in paragraph 3 of the Petition that the deceased (Brij Raj Singh) left behind him surviving the following next-of-kins/heirs to succeed his estate: (i) Rajendra Kumar Singh - son (ii) Kumari Mona Singh (Petitioner) - daughter 5. It is, inter alia, further stated in paragraph 3 of the Petition that the said next-of-kins/heirs are both residents of Village-Hasanpur, Post Office-Lakshagriha, Tehsil-Handia, District- Allahabad. 6. It is, inter alia, stated in paragraph 4 of the Petition that apart from the persons mentioned in paragraph 3 of the petition, no other person has any interest in the estate of the deceased (Brij Raj Singh); and that the wife of the deceased (Brij Raj Singh) predeceased him on 3-4-1999. 7. It is, inter alia, stated in paragraph 5 of the petition that the petitioner being the daughter of the deceased (Brij Raj Singh) is entitled to grant of Letters of Administration with regard to the estate of the deceased. 8. It is, inter alia, stated in paragraph 6 of the petition that the petitioner has truely set-forth in the Affidavit of Valuation accompanying the Petition all the properties and credits, which the deceased (Brij Raj Singh) possessed of or was entitled to at the time of his death and which have or are likely to come to the hands of the petitioner. 9. It is, inter alia, stated in paragraph 7 of the Petition that so far as the petitioner has been able to ascertain or is aware, the amount of assets, which are likely to come in the petitioners hands as assets of the deceased, is Rs. 9. It is, inter alia, stated in paragraph 7 of the Petition that so far as the petitioner has been able to ascertain or is aware, the amount of assets, which are likely to come in the petitioners hands as assets of the deceased, is Rs. 7,30,880-60 as detailed in the Schedule to the Affidavit of Valuation. 10. Alongwith the Petition, an Affidavit of Valuation, sworn by Km. Mona Singh (petitioner) on 21-4- 2004, has been filed. 11. In paragraph 2 of the said Affidavit of Valuation, it is, inter alia, stated that the petitioner has truly set forth in Annexure-1 to the Affidavit of Valuation, all the properties and credits, which the deceased (Brij Raj Singh) possessed of or was entitled to at the time of his death and which have or are likely to come to the hands of the petitioner and so far as the petitioner has been able to ascertain or is aware, there is no property other than what has been specified in Annexure-1 to the Affidavit of Valuation. 12. In paragraph 3 of the said Affidavit of Valuation, it is stated that the said assets, exclusive of what the deceased (Brij Raj Singh) may have possessed of inclusive of all rights, interest and dividends and increased value since the date of death of the deceased are under the value of Rs. 7,30,880-60. 13. Annexure-1 to the said Affidavit of Valuation contains a Schedule giving details of the properties and credits left behind by the deceased (Brij Raj Singh ). 14. In paragraph 8 of the Petition, it is, inter alia, stated that to the best of the petitioners belief, the deceased (Brij Raj Singh) did not execused any Will and no application has been made by any person in any other Court for grant of Succession Certificate/probate/letters of Administration to the estate of the deceased (Brij Raj Singh ). 15. In paragraph 8 of the Petition, it is, inter alia, stated that to the best of the petitioners belief, the deceased (Brij Raj Singh) did not execused any Will and no application has been made by any person in any other Court for grant of Succession Certificate/probate/letters of Administration to the estate of the deceased (Brij Raj Singh ). 15. In paragraph 9 of the Petition, it is, inter alia, stated that the petitioner undertakes to duly administer the properties and credits of the deceased (Brij Raj Singh) which he possessed at the time of his death and to make a full and true inventory thereof and exhibit the same in this Court within six months from the date of grant of Letters of Administration to her and also to render to this Court a true account of the said property within one year from the said date. 16. An affidavit of the said Mona Singh (petitioner), sworn on 21-4-2004, has been filed in support of the Petition. Averments made in the petition have been reiterated in the said affidavit of the said Mona Singh (petitioner ). 17. Alongwith the Testmantary petition, various documents, as detailed in the list of documents, have been filed on behalf of the petitioner. Document No. 1 filed alongwith the said list of documents purports to be a photostat copy of the Death Certificate in respect of the said Brij Raj Singh (deceased ). 18. On 7-2-2005, Shri P. K. Ganguli, learned Counsel for the petitioner took time to bring on record the original Death Certificate in respect of the said Brij Raj Singh (deceased), photostat copy whereof has been filed as Document No. 1 alongwith the said list of documents, as noted above. 19. Thereafter, it appears that civil Misc. Application No. 27697 of 2005 (Paper No. A-7) was filed on behalf of the petitioner annexing thereto the said original Death Certificate in respect of the said Brij Raj Singh (deceased ). 20. By a separate order passed today, the said original Death Certificate has been taken on record. 21. A perusal of the said original Death Certificate shows that the said Brij Raj Singh (deceased) died at 239 Aliganj, K. M. Pur, New Delhi on 11-9-2003, as mentioned in paragraph 1 of the Petition. 22. 20. By a separate order passed today, the said original Death Certificate has been taken on record. 21. A perusal of the said original Death Certificate shows that the said Brij Raj Singh (deceased) died at 239 Aliganj, K. M. Pur, New Delhi on 11-9-2003, as mentioned in paragraph 1 of the Petition. 22. By the order dated 30-4-2004, notice was directed to be issued to the aforementioned Rajendra Kumar Singh, son of the deceased (Brij Raj Singh), as mentioned in paragraph 3 of the Petition. It was, inter alia, further directed by the said order dated 30-4-2004 that notice be issued to the Administrator General, U. P. and the citation be published in two Newspapers, namely, northern India Patrika in english and amar Ujala in Hindi, published from Allahabad, fixing 15-7-2004 for hearing. The said order dated 30-4-2004 is reproduced below: "issue notice to the heir of the deceased, namely, Rajendra Kumar Singh, as mentioned in para-3 of the application. Notice may also be issued to the Administrator General, U. P. The petitioner is directed to take out the citation in two newspapers, namely, northern India Patrika in English and amar Ujala in Hindi Published from Allahabad fixing 15-7-2004 for hearing. Steps may be taken within ten days from today. " 23. It appears from the office report dated 15-7-2004/22-7-2004, that pursuant to the directions given in the said order dated 30- 4-2004, notice was issued to the Administrator General, U. P. as well as to the aforementioned Rajendra Kumar Singh. 24. It further appears from Civil Misc. Application No. 134207 of 2004 (Paper No. A-4) filed on behalf of the petitioner that pursuant to the directions given in the said order dated 30-4- 2004 citation was published in the Newspaper northern India Patrika dated 9-6-2004 and the Newspaper amar Ujala dated 11- 6-2004. 25. It further appears that in response to the notice issued to the aforementioned Rajendra Kumar Singh, Shri V. P. Mishra, Advocate put in appearance on behalf of the aforementioned Rajendra Kumar Singh, and filed an affidavit of the aforementioned Rajendra Kumar Singh, sworn on 27-8-2004 (Paper No. A-6 ). 26. In the circumstances, the Court passed the following order dated 13-9-2004: "by the order dated 30-4-2004, notice was directed to be issued to Rajendra Kumar Singh, next of kins/heirs of the deceased as mentioned in paragraph No. 3 of Testamentary Petition. 26. In the circumstances, the Court passed the following order dated 13-9-2004: "by the order dated 30-4-2004, notice was directed to be issued to Rajendra Kumar Singh, next of kins/heirs of the deceased as mentioned in paragraph No. 3 of Testamentary Petition. Notice was further directed to be issued to the Administrator general and Official Trustee, U. P. It was, inter alia, further directed by the said order dated 30-4-2004, that citation would be taken out in two newspaper mentioned in the said order. Civil Misc. Application No. 134207 of 2004 (Paper No. A-4) has been filed on behalf of the petitioner annexing thereto, copies of the two newspapers, namely, Northern Indian Patrika dated 9th June, 2004 and Amar Ujala dated 11th June, 2004 wherein the citation as directed by the said order dated 30-4- 2004 has been published. Let the copies of the said newspapers be taken on record. Sri V. P. Mishra, Advocate has put in appearance on behalf of the aforesaid Rajendra Kumar Singh pursuant to the service of notice as directed by the said order dated 30-4-2004. Sri V. P. Mishra, learned Counsel for the said Rajendra Kumar Singh has filed an affidavit of the said Rajendra Kumar Singh sworn on 27-8-2004. In view of the aforesaid circumstances, Office is directed to submit report as to whether any objection/caveat has been received pursuant to the publication of the citation in the aforementioned newspapers. List in the week commencing 27-9-2004. The name of Sri V. P. Mishra, will be shown as the learned Counsel for the said Rajendra Kumar Singh in the cause list when the case is listed next. " 27. Pursuant to the directions given in the said order dated 13- 9-2004, and reiterated in the order dated 27-9-2004, inter alia, directing the Office to submit report as to whether any objection/caveat had been received pursuant to the publication of the citation in the aforementioned newspapers, the Office submitted its report dated 12-10-2004/3-11-2004, which is quoted below: "in compliance with the Courts order dated 27-9-04, any objection/caveat has not been filed pursuant to the publication of citation. The case is put up for orders. " 28. The case is put up for orders. " 28. In view of the aforesaid affidavit (Paper No. A-6) filed by the aforementioned Rajendra Kumar Singh and in view of the said office report dated 12-10-2004/3-11-2004, the Court passed an order dated 6-12- 2004 treating the present matter to be a non- contentious one. The said order dated 6-12-2004 is quoted below: "in view of the affidavit (Paper No. A-6) filed by Rajendra Kumar Singh, son of the Late Brij Raj Singh and in view of the office report dated 12-10-2004/3-11-2004, the matter is non-contentious one. List for hearing in the week commencing 10th January, 2005. " 29. A perusal of the order-sheet shows that the Registrar General has submitted the Certificate dated 30-7-2004 as per the requirements of Chapter XXX Rule 8 of the Rules of the Court, 1952. The said Certificate is quoted below: "i HEREBY CERTIFIED THAT no intimation has been received by this Court from any other High Court or any District Court of any grant of probate of any Will or Letter of Administration of the property and credits of the above named deceased with effect throughout the territory of India. Dated this 30th day of July 2004. " 30. I have heard Sri P. K. Ganguli, learned Counsel for the said Mona Singh (petitioner) and Shri V. P. Mishra, learned Counsel for the said Rajendra Kumar Singh. 31. From the above narration of facts, it is evident that the wife of the said Brij Raj Singh (deceased) predeceased him on 3- 4-1999. Photostat copy of the Death Certificate in respect of the wife of the said Brij Raj Singh (deceased) namely, Smt. Kamla Devi has been filed as Document No. 2 alongwith the said list of documents. It is further evident that he deceased (Brij Raj Singh) left behind as his next-of- kins/heirs, the aforementioned Rajendra Kumar Singh (son) and Kumari Mona Singh (daughter ). 32. The present Testamentary petition has been filed by the said Km. Mona Singh (daughter of the said Brij Raj Singh ). 33. As regards Rajendra Kumar Singh, son of the said Brij Raj Singh (deceased), as noted above, an affidavit sworn by the said Rajendra Kumar Singh on 27-8-2004 (Paper No. A-6) has been filed. In paragraph 3 of the said affidavit of the said Rajendra Kumar Singh, it is, inter alia, stated that apart from the said Km. 33. As regards Rajendra Kumar Singh, son of the said Brij Raj Singh (deceased), as noted above, an affidavit sworn by the said Rajendra Kumar Singh on 27-8-2004 (Paper No. A-6) has been filed. In paragraph 3 of the said affidavit of the said Rajendra Kumar Singh, it is, inter alia, stated that apart from the said Km. Mona Singh and the said Rajendra Kumar Singh, there is no order Class-I heir of the deceased (Brij Raj Singh ). In paragraph 4 of the said affidavit of Rajendra Kumar Singh, it is, inter alia, stated that Smt. Kamla Devi predeceased the said Brij Raj Singh (deceased ). 34. In paragraph 5 of the said affidavit of the said Rajendra Kumar Singh, it is, inter alia, stated that the said Rajendra Kumar Singh has got no objection to the grant of Letters of Administration in favour of his sister, Km. Mona Singh. 35. Pursuant to the order dated 30-4-2004 notice was also issued to the Administrator General, U. P. Shri J. Nagar, Administrator General, U. P. , is present. He has not raised any objection to the grant of Letters of Administration in favour of the said Kumari Mona Singh (petitioner ). 36. It is further evident that the citation, as directed by the order dated 30-4-2004, was taken out in two newspapers, namely, the newspaper northern India Patrika dated 9-6-2004 and the newspaper amar Ujala dated 11-6-2004. However, no objection/caveat has been filed by any person in response to the said citation. 37. As mentioned above, by the order dated 6-12-2004, the present case was treated to be a non- contentions one in view of the provisions of Chapter XXX, Rule 3 of the Rules of the Court, 1952. 38. From the aforesaid discussion, it is evident that there is no contest to the grant of Letters of Administration in favour of Kumari Mona Singh (petitioner) in respect of the estate of the deceased (Brij Raj Singh ). 39. The averments made in the Petition are supported by the affidavit of the said Kumari Mona Singh (petitioner), sworn on 21-4-2004. No one has filed any counter-affidavit. In fact, as noted above, the said Rajendra Kumar Singh has filed his affidavit (Paper No. A-6), inter alia, stating his no- objection to the grant of Letters of Administration in favour of the said Kumari Mona Singh (petitioner ). 40. No one has filed any counter-affidavit. In fact, as noted above, the said Rajendra Kumar Singh has filed his affidavit (Paper No. A-6), inter alia, stating his no- objection to the grant of Letters of Administration in favour of the said Kumari Mona Singh (petitioner ). 40. In the circumstances, the Court is satisfied that the prayer made in the Petition may be allowed. The petition is accordingly allowed. 41. Let Letters of Administration be granted to Kumari Mona Singh (petitioner) in respect of the estate of the deceased (Brij Raj Singh) on payment of ad-valorem Court Fee on the estate of the deceased (Brij Raj Singh) and after the Registrar General gives a Certificate under Chapter XXX, Rule 9 of the Rules of the Court regarding the sufficiency of the Court Fee and after the requisite administration bond is given by the said Kumari Mona Singh (petitioner) as per the provisions of Chapter XXX, Rule 26 of the Rules of the Court, 1952. I order accordingly. Order accordingly. .