Court No. - 38

Case :- TESTAMENTARY CASES No. - 31 of 2020

Petitioner :- Smt. Kusum Kushwaha In The Matter Of Goods Of Late

Pawan Kumar Kushwaha

Respondent :- Na

Counsel for Petitioner :- Prem Shankar Kushwaha,Rajesh Kumar Singh

Counsel for Respondent :- Sudhir Mehrotra

Hon'ble Saumitra Dayal Singh,J.

1. Sri Sudhir Mehrotra, learned counsel for the Administrator

General has submitted his report which discloses that there are

no other or earlier application filed before any other court or

authority in U.P. Taken on record.

2. Heard Sri Prem Shankar Kushwaha, learned counsel for the

petitioner; Sri Rajesh Kumar Singh, learned counsel for the next

of kin of the deceased i.e Dheerendra Kumar and Priyanka and;

Sri Sudhir Mehrotra, learned counsel for the Administrator

General.

3. Petitioner-Smt. Kusum Kushwaha, wife of late Sri Pawan

Kumar Kushwaha is seeking Letters of Administration to the

estate and the credits of the deceased late Sri Pawan Kumar

Kushwaha, who is reported to have died on 15.4.2019. A death

certificate dated 7.6.2019 has been brought on record, a copy of

which has been annexed as Annexure no.1 to the writ petition.

The next of kin of the deceased have been specified in para-3 of

the affidavit in support of the petition.

4. The citation of the petition was published in two newspapers

'Amar Ujala' (Hindi) on 8.11.2020 and 'The Northern India

Patrika' (English) on 4.11.2020, published from Prayagraj.

5. Administrator General and the Board of Revenue have also

not filed any objection to the grant of Letters of Administration

to the petitioner.

6. An affidavit of service has been filed bringing on record the

original copies of the newspapers 'Amar Ujala' (Hindi) and 'The

Northern India Patrika' (English)' published from Prayagraj on

8.11.2020 and 4.11.2020 respectively, containing the citation. In

response to the same, no person has come forward to oppose the

grant or to file any objection.

7. Pursuant to that notice, Priyanka (daughter) and Dheerendra

Kumar (son), both have furnished their no-objection to the grant

of Letters of Administration in favour of their mother i.e. the

petitioner.

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

9. The deceased had died at KGMU, Lucknow, and his death

certificate has been digitally signed by Registrar (Birth and

Death), Lucknow.

10. 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.

11. The petitioner has filed details of the property/credits left

behind by the deceased. The estimated total valuation of the

property is Rs.6,00,834.69/-(Six Lakhs Eight Hundred Thirty

Four Rupees and Sixty Nine Paisa only) as per paragraph no.6

of the petition in support whereof valuation has been submitted

as per Annexure no.1 in affidavit of valuation.

12. In view of the aforesaid facts and circumstances, as the

petitioner is wife of the deceased and the other heirs of the

deceased have expressed their no objection to the grant of

letters of administration to the petitioner, coupled with the fact

that no one else has appeared to contest the grant, I consider it

fit and appropriate to permit the petitioner to administer the

estate/credits of the deceased.

13. Accordingly, Letter of Administration is granted to the

estate and credits of the deceased late late Sri Pawan Kumar

Kushwaha in favour of the petitioner-Smt. Kusum Kushwaha,

wife of of late Sri Pawan Kumar Kushwaha subject to the

Registrar General certifying payment of court fee as

contemplated under Rule 9 of Chapter XXX of the Rules of the

Cour