ANKUSH SINGH IN THE MATTER OF THE GOODS OF LATE RAJENDRA KUMAR SINGH v. NO RESPONDENT
TEST/73/2024 · 2025-09-03
Neeraj Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111468 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111468 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD TESTAMENTARY CASES No. - 73 of 2024 Court No. - 1 HON'BLE NEERAJ TIWARI, J.
1. Heard learned counsel for the petitioner. 2. Petitioner-Ankush Singh S/o Late Rajendra Kumar Singh is seeking Letters of Administration to the estate and the credits of the deceased Late Rajendra Kumar Singh and Late Shakuntala Devi, who have reported to have died on 25.4.2023 and 12.3.2019 at Ramnagar, Khaga, Tehsil Khaga, District Fatehpur. Death certificates dated 11.7.2023 have been brought on record, as per which Rajendra Kumar Singh died on 25.4.2023 and Shakuntala Devi Kamla Devi died on 12.3.2019. The son of the deceased is the sole next of kin, who has been specified in para 5 of the petition. 3. 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.
4. The citation of the petition was directed to be published in two newspapers namely, 'The Times of India' (English) and 'Dainik Jagran' (Hindi) on 15.01.2025, both published in Fatehpur Edition. 5. 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 Rajendra Kumar Singh and Late Shakuntala Devi has been filed either by petitioner or by any other person in the office. 6. Pursuant to notice issued to Board of Revenue on 15.01.2025, District Magistrate, Fatehpur has filed a report dated 25.4.2025, which shows an amount of 11,66,827.78/- is lying in the account of Bank of Baroda. 7. An affidavit of service has been filed bringing on record original copies of the newspapers 'Dainik Jagran' (Hindi) and 'The Times of India' (English)' both published on 20.2.2025 & 15.02.2025 in Fatehpur Edition respectively. Versus Counsel for Petitioner(s) : Naveen Kumar Srivastava Counsel for Respondent(s) : A.G.A. Ankush Singh In The Matter Of The Goods Of Late Rajendra Kumar Singh and another .....Petitioner(s) No Respondent .....Respondent(s)
8. In view of above, the matter is non-contentious in nature. 9. The deceased had died at Ramnagar Khaga, Tehsil Khaga, Fatehpur and their death certificates dated 11.7.2023 have been signed Registrar (Birth and Death) Nagar Panchayat, Khaga. 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. As per the affidavit of valuation, the total credits of Rs.11,56,138.64/- is lying in Bank of Baroda, Branch Hardoan, District Fatehpur (Account No.48230100007341). The District Magistrate, Fatehpur has filed a report dated 25.4.2025, which shows an amount of Rs. 11,66,827.78/- is lying in the aforesaid account of Bank of Baroda Branch Hardoan, District Fatehpur. The petitioner is directed to deposit the court fees on the amount mentioned in the affidavit of valuation, which is Rs. 11,66,827.78/-. 12. In view of the aforesaid facts and circumstances, the petitioner is son as well as sole next of kin of the deceased, 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 Rajendra Kumar Singh and Late Shakuntala Devi in favour of the petitioner- Ankush Singh S/o Late Rajendra Kumar Singh subject to the Registrar General certifying payment of court fee as contemplated under Rule 9 of Chapter XXX of the Rules of the Court and on her/his executing administration bonds in accordance with Chapter XXX Rule 26 of the Rules of the Court. The petitioner will thereafter comply with rules and submit the statement of accounts in the Court in accordance with the rules. 14.
Petition is, accordingly, allowed. September 4, 2025 Junaid TEST No. 73 of 2024 2 (Neeraj Tiwari,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad