Back
ALLAHABAD HIGH COURT
S.P.Mehrotra, J.
Sukh Ram, Rama Shankar
Versus
State
Testamentary Case 9 of 2004
Decided On : 20 July 2005
Testamentary Case 9 Of 2004
Testamentary Petition - Indian Succession Act, 1925 - Section 278, Chapter XXX, Rule 6 - Summary of Acts and Sections: The court discussed the provisions of the Indian Succession Act, 1925, particularly Section 278, and Chapter XXX, Rule 6 of the Rules of the Court, 1952, in relation to the grant of Letters of Administration in respect of the estate of the deceased Sukh Ram.
Fact of the Case:
The petitioner filed a Testamentary Petition under the Indian Succession Act, 1925, seeking grant of Letters of Administration in respect of the estate of the deceased Sukh Ram. The petitioner, being the son of the deceased, claimed entitlement to the grant.
Finding of the Court:
The court found that the next-of-kins, including the petitioner, had no objections to the grant of Letters of Administration in favor of the petitioner. The court treated the case as non-contentious and granted Letters of Administration to the petitioner.
Issues: The main issue was the grant of Letters of Administration in respect of the estate of the deceased Sukh Ram.
Ratio Decidendi: The court's decision was influenced by the lack of contest or objections from the next-of-kins, as well as the provisions of the Indian Succession Act, 1925, and the Rules of the Court, 1952.
Final Decision: The Testamentary Petition was allowed, and Letters of Administration were granted to the petitioner in respect of the estate of the deceased Sukh Ram.
( 1 ) THE present Testamentary Petition has been filed by Rama Shanker (petitioner), under the indian Succession Act, 1925 (Act No. XXXIX of 1925), presumably under Section 278 thereof, and Chapter XXX, Rule 6 of the Rules of the Court, 1952, interalia, praying for grant of Letters of Administration in respect of the estate of the deceased (Sukh Ram ).
( 2 ) THE said Rama Shanker (petitioner) is stated to be the son of the said Sukh Ram (deceased ).
( 3 ) IT is, interalia, stated in paragraph 1 of the Testamentary Petition that the said Sukh Ram (deceased) died on 1. 2. 2004 in Sachan Nursing Home, Allahabad.
( 4 ) THE Testamentary Petition is supported by an affidavit of Rama Shanker (petitioner), sworn on 26. 5. 2004.
( 5 ) IN paragraph 2 of the said affidavit, it has been reiterated that the said Sukh Ram (deceased)died on 1. 2. 2004 in Sachan Nursing Home, Allahabad. Alongwith the said affidavit, photostat copy of the Death Certificate issued by Gram Panchayat Vikas Adhikari, Gram Panchayat mohammadpur Sarai Ali, Vikas Khand Mau Aima, Allahabad in respect of the death of the said sukh Ram (deceased) has been filed as Annexure-1 to the said affidavit.
( 6 ) IT is pertinent to mention that Civil Misc. Application No. 67739 of 2005 (Paper No. A-10)was filed on behalf of the petitioner (Rama Shanker) during the pendency of the Testamentary case.
( 7 ) THE said application was accompanied by a Supplementary Affidavit, sworn on 22. 3. 2005 by rama Shanker (petitioner ). Alongwith the said Supplementary Affidavit, the Original Death certificate In respect of the deceased (Sukh Ram) was filed as Annexure-1 to the said supplementary Affidavit.
( 8 ) BY the order dated 11. 4. 2005 passed on the said Civil Misc. Application No. 67739 of 2005 (Paper No. A-10), the said Supplementary Affidavit alongwith the Original Death Certificate, filed as Annexure-1 to the said Supplementary Affidavit, was directed to be taken on record.
( 9 ) THE said order dated 11. 4. 2005 passed on the aforesaid Civil Misc. Application No. 67739 of 2005 (Paper No. A-10) is reproduced below: the present Testamentary Case, namely, Testamentary Case No. 9 of 2004 has been filed by rama Shanker (petitioner), interalia, praying for grant of Letters of Administration in respect of the estate of the deceased, Sukh Ram. It is, interalia, stated in paragraph 1 of the Testamentary Petition that the said Sukh Ram (deceased) died on 1. 2. 2004 in Sachan Nursing Home, Allahabad. The Testamentary Petition is supported by an affidavit of Rama Shanker (petitioner), sworn on 26. 5. 2004. In paragraph 2 of the said affidavit, it has been reiterated that the said Sukh Ram (petitioner)died on 1. 2. 2004 in Sachan Nursing Home, Allahabad. Alongwith the said affidavit, photostat copy of the Death Certificate issued by Gram Panchayat Vikas Adhikari, Gram panchayat Mohammadpur Sarai Ali, Vikas Khand Mau A/ma, Allahabad in respect of the death of the said deceased (Sukh Ram), has been filed as Annexure-1 to the said affidavit. The aforesaid Civil Misc. Application No. 67739 of 2005 (Paper No. A-10) has been filed, interalia, praying that the Supplementary Affidavit filed alongwith the said application be taken on record. The said application is accompanied by a Supplementary Affidavit, sworn on 22. 3. 2005 by Rama shanker (petitioner ). It is, interalia, stated in the said Supplementary Affidavit that at the time of filing the testamentary Case, Original Death Certificate in respect of the deceased (Sukh Ram) was not available with the petitioner, and on account of the said reason, photostat copy of the said Death certificate was filed alongwith the Testamentary Petition; and that it is necessary to file original Death Certificate in respect of the deceased (Sukh Ram) before this Court, and the petitioner is filing the said Original Death Certificate dated 12. 2. 2004 as Annexure-1 to the said supplementary Affidavit. I have heard Shri P. S. Kushwaha, learned Counsel
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
