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IN THE HIGH COURT OF ALLAHABAD
Ashwani Kumar Mishra, J.
Saumya Pande and Ors. – Appellants
Vs.
In the matter of Goods of Late Prasant Middha – Respondent
Testamentary Suit No. 2 of 2018
Decided On : 19-03-2018
Letters of Administration - Testamentary Case - Hindu Succession Act, 1956, Sections 8, 9, 10
Fact of the Case:
The widow and minor son of the deceased sought letters of administration for the estate. The deceased left behind properties and post-death dues. The deceased's parents objected to the grant of letters of administration, claiming a share in the estate.
Finding of the Court:
The court found that as per the Hindu Succession Act, the property of the deceased would devolve upon the widow and minor son, with the mother also entitled to a share. The court decreed the suit and issued letters of administration to the widow, with conditions to protect the interests of the minor son and mother.
Issues: Dispute over the devolution of the deceased's estate as per the Hindu Succession Act, objections from the deceased's parents, and the need to safeguard the interests of the parties involved.
Ratio Decidendi: The court applied the provisions of the Hindu Succession Act to determine the devolution of the estate, considered the admitted relationship between the parties, and decreed the suit under Order XII, Rule 6 of the Civil Procedure Code.
Final Decision: The court decreed the suit and granted letters of administration to the widow, with conditions to protect the interests of the minor son and mother.
Ashwani Kumar Mishra, J.
1. Heard Sri J. Nagar, learned Senior Counsel for the plaintiff/petitioner and Sri Ashutosh Vaish for the contesting defendant/respondent. Sri Ravi Prakash Srivastava has appeared for HDFC bank.
2. This testamentary case has been instituted by the widow of deceased namely Smt. Saumya Pande and her minor son Master Harsh Middha for issuance of letters of administration in respect of the estate of Late Prashant Middha, son of Sri Narendra Kumar, R/o Yantra 2204, Paramount Symphony, Crossing Republic near A.B.E.S. Institute, Ghaziabad who has died on 9.5.2015 at Ghaziabad. It is stated that the deceased was a resident of Ghaziabad and has died intestate leaving behind the petitioners i.e., wife and minor son, as well as his mother Smt. Usha Middha as his next of kin to succeed his estate. Prayer has been made to issue letter of administration to administer the estate of the deceased.
3. An affidavit of valuation has also been filed, showing the properties left behind by the deceased. One of the properties left behind is the amount to which the deceased was entitled to receive from his employer M/s. Microsoft Corporation (India) Pvt. Ltd. The estimated total valuation of the property is Rs. 46,83,177/-. By way of an application filed on 1.4.2016 it is stated that petitioners have learnt that during his lifetime the deceased had purchased a shop in la gracia complex, Ghaziabad and a residential apartment No. 2204 on 22nd Floor in Multistory Building known as Yantra, built on housing plot No. 6 in the township known as Crossing Republic, Dundaheda, Ghaziabad and letters of administration is also sought in respect of such immovable property.
4. On the presentation of the petition, notices were directed to be issued to the Administrator General, U.P. as well as to the Board of Revenue, U.P.
5. Pursuant to the order passed, the citation of the petition was also published in two newspapers 'Amar Ujala' (Hindi) and 'Pioneer' (English). An affidavit of service has been filed by the petitioner.
6. The Administrator General and the Board of Revenue have not filed any objection.
7. An objection has been filed on behalf of Smt. Usha Middha wife of Sri Narendra Kumar and Sri Narendra Kumar son of late Jankidas, parents of the deceased opposing the prayer made for grant of letter of administration to the petitioners. A further affidavit has been filed by them during hearing of the matter on 14.3.2018, which shall be dealt with later. In terms of the rules of Court as the petition is contested, it has been tried as a regular suit.
8. 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.
9. It would, however, be appropriate to notice the averments made in Para-4 of the affidavit filed in support of the petition for grant of letter of administration, in respect of the estate of the deceased Prashant Middha, which states as under:
"4. That the deceased left him surviving the following as his next of kin to succeed his estate:
(i) Smt. Saumya Pande, wife of late Prashant Middha, resident of Yantra 2204, Paramount Symphony, Crossing republic, near A.B.E.S. Institute Ghaziabad.
(ii) Smt. Usha Middha, wife of Sri Narendra Kumar, resident of Yantra 2204, Paramount Symphony, Crossing republic, near A.B.E.S. Institute Ghaziabad.
(iii) Master Harsh Middha (minor), son of late Prashant Middha, resident of Yantra 2204, Paramount Symphony, Crossing republic, near A.B.E.S. Institute Ghaziabad".
10. In the objection filed on behalf of the parents of the deceased, following averments are made in para-6 in reply to par
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