Court No. - 10

Case :- TESTAMENTARY CASES No. - 33 of 2020

Petitioner :- Syed Ghulam Hasnain In The Matter Of The

Goods Of Late Muthaira Khatoon Alias Shad Bibi

Respondent :- Na

Counsel for Petitioner :- Pratik J. Nagar,Ritwika Tripathi

Counsel for Respondent :- Sudhir Mehrotra,Sudhir Mehrotra

Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri J. Nagar, learned Senior Advocate assisted by Sri

Pratik J. Nagar, learned counsel for the petitioner.

Petitioner- Syed Ghulam Hasnain s/o Late S.G. Sibtain is

seeking Letters of Administration to the estate and the credits of

the deceased Late Muthaira Khatoon Alias Shad Bibi, who is

reported to have died on 15.12.2017 at her Home at Allahabad.

A death certificate dated 19.01.2018 has been brought on

record, as per which Late Muthaira Khatoon Alias Shad Bibi

died on 15.12.2017. The next of kin of the deceased has been

specified in para 3 of the petition.

On the presentation of the petition, notices were directed to be

issued to the Administrator General U.P. Notice of this petition

was also directed to be served on Board of Revenue of U.P.

The citation of the petition was directed to be published in two

newspapers namely, 'Northern India Patrika' (English) and 'Aaj'

(Hindi) on 20.10.2020, both published from Allahabad

(Prayagraj).

Learned counsel appearing for Administrator General has filed

his report that as per the records maintained in the office of

Administrator General U.P. High Court, Allahabad, no case for

issuance of letter of administration in respect of estate of Late

Mohammad Haneef has been filed either by petitioner or by any

other person in the office.

The report of Deputy Registrar, Sadar-II, District Prayagraj

dated 05.03.2021 states that the valuation of the property is

Rs.6,66,597/-/- while the valuation as disclosed in the fresh

affidavit of valuation filed by petitioner is Rs.11,37,309.00/-.

An affidavit of service has been filed bringing on record

original copies of the newspapers 'Aaj' (Hindi) and 'Northern

India Patrika' (English)' both published on 05.12.2020 from

Allahabad (Prayagraj).

Pursuant to that notice, affidavits of no objection has been filed

by Dr. Ana Hasnain, Syed Mohd. Faizan, Dr. Mariyam Hasnain

and Syed Mohd. Fazal through their lawyer Miss Ratna Dutta.

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

The deceased had died at her Home at Allahabad and her death

certificate dated 19.01.2018 has been signed by Registrar, Birth

and Death.

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.

The petitioner has filed details of the property/credits left

behind by the deceased. As per the fresh affidavit of Valuation,

the estimated total valuation of the property is Rs.11,37,309/-

(Rupees eleven lakh thirty seven thousand three hundred nine

only) which is sum of Rs.42,550.00 in Saving Bank Account

No. 10030131159 with State Bank of India, Guru Teg Bahadur

Nagar, Allahabad, Rs. 91,699.00 in Savings Bank Account No.

19210100012653 with Bank of Baroda, Guru Teg Bahadur

Nagar, Allahabad, Rs. 82,348/- in Savings Bank Account No.

6261750768 with Indian Bank, Jamia Milia Islamia, New

Delhi, Rs. 6,60,568.00 in Locker No. 16 with State Bank of

India, Guru Teg Bahadur Nagar, Allahabad and Rs.2,60,144.00

in Locker No. 93 with Bank of Baroda, Guru Teg Bahadur

Nagar, Allahabad, while the total valuation of property as per

the report of Sub Registrar, Sadar-II, District Pryagraj is

Rs.6,66,597/-. The petitioner is directed to pay the court fees on

the amount mentione