Neutral Citation No. - 2025:AHC:142890 Court No. - 1 Case :- TESTAMENTARY CASES No. - 32 of 2022 Petitioner :- Rajesh Kumar In The Matter Of Goods Of Late Shiv Kanya Respondent :- Na Counsel for Petitioner :- Satyendra Nath Tiwari,Vijay Kumar Pandey Counsel for Respondent :- Prakash Sharma,Shardool Agrahari Hon'ble Neeraj Tiwari,J. 1. Sri Shardool Agrahari, advocate has filed no objection on behalf of Rakesh Kumar along with Vakalatnama, which is taken on record. 2. Heard learned counsel for the petitioner and Sri Shardool Agrahari, learned counsel appearing for legal heirs. 3. Petitioner- Rajesh Kumar S/o Late Jagdish Prasad is seeking Letters of Administration to the estate and the credits of the deceased Shiv Kanya, who is reported to have died on 26.08.2020 at Ward No. 8, Manjhanpur Road, Sirathu, Kaushambi, U.P. A death certificate dated 07.10.2020 has been brought on record, as per which Late Shiv Kanya died on 26.08.2020. The next of kin of the deceased has been specified in para-5 of the affidavit to the petition. 4. On the presentation of the petition, notices were directed to be issued to the next of kins and Administrator General U.P. Notice of this petition was also directed to be served on Board of Revenue of U.P. 5. The citation of the petition was directed to be published in two newspapers namely, 'The Northern India Patrika' (English) and 'Aaj' (Hindi) on 05.05.2022, both published from Prayagraj circulated at Kaushambi. 6. 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, an application for grant of letter of Administration in respect of estate of Late Shiv Kanya was filed in the office which was registered as case no. 68 of 2021 however, the said case was disposed off/ Dismissed on 07.04.2022. 7. The report of Assistant Commissioner Stamp, Kaushambi dated 25.08.2022 states that the property of the deceased is lying in State Bank of India. 8. An affidavit of service has been filed bringing on record original copies of the newspapers 'Aaj' (Hindi) and ' The Northern India Patrika' (English)' both published on 06.07.2022 & 07.07.2022 respectively from Prayagraj. 9. Pursuant to that notice, affidavits of no objection has been filed by Rakesh Kumar, Meera Devi, Sita Devi, Rekha Devi, Seema Kesarwani, Sudha Kesarwani, Rupa Kesarwani & Naresh Kumar through their lawyer Sri Shardool Agrahari. 10. In view of above, the matter is non-contentious in nature. 11. The deceased had died at Ward No. 8, Manjhanpur Road, Sirathu, Kaushambi, U.P. and his death certificate dated 07.10.2020 has been signed by Registrar (Birth and Death), Nagar Panchayat, Sirathu, Kaushambi, U.P. 12. 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. 13. The petitioner has filed details of the property/credits left behind by the deceased. As per schedule of property, an amount of Rs. 9,64,324.50/- is lying in the account of State Bank of India, Branch-Sirathu, Kaushambi. The report of Assistant Commissioner Stamp, Kaushambi dated 25.08.2022 states that an amount of Rs. 10,08,377/- is lying in the saving bank account no. 35823295251 of State Bank of India, Branch-Sirathu, Kaushambi. The petitioner is directed to deposit the court fees on the aforesaid amount mentioned which is Rs. 10,08,377/-. 14. In view of the aforesaid facts and circumstances, as the petitioner is son of the deceased and the other heirs of the deceased have expressed their no objection to the grant of letter 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. 15. Accordingly, Letters of Administration is granted to the estate and credits of the deceased Late Shiv Kanya in favour of the petitioner- Rajesh Kumar S/o Late Jagdish Prasad 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 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. 16. Petition is, accordingly, allowed. Order Date :- 20.8.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad