SMT GEETA DEVI IN THE MATTER OF THE GOODS OF LATE RAM SABERE YADAV v. NO RESPONDENT
TEST/7/2025 · 2025-07-14
Neeraj Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18673 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18673 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:114267 Court No. - 1 Case :- TESTAMENTARY CASES No. - 7 of 2025 Petitioner :- Smt Geeta Devi In The Matter Of The Goods Of Late Ram Sabere Yadav Respondent :- No Respondent Counsel for Petitioner :- Mahabir Yadav Hon'ble Neeraj Tiwari,J.
1. Heard Sri M.B. Yadav, learned counsel for the petitioner and Mr. Sanjay Singh, learned counsel appearing for next of kins. 2. Petitioner- Smt. Geeta Devi W/o Late Ram Sabere Yadav is seeking Letters of Administration to the estate and the credits of the deceased Ram Sabere Yadav, who is reported to have died on 29.08.2019 in Mayo Medical Centre, Vikas Khand-2 Gomti Nagar, Lucknow. A death certificate dated 13.9.2019 has been brought on record, as per which Late Ram Sabere Yadav died on 29.08.2019. The next of kin of the deceased has been specified in para 6 of the affidavit to the petition. 3. 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.
4. The citation of the petition was directed to be published in two newspapers namely, 'The Times of India' (English) on 17.2.2025 and 'Aaj' (Hindi) on 19.5.2025, both published in Prayagraj 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 Ram Sabere Yadav has been filed either by petitioner or by any other person in the office. 6. The report of Deputy Registrar, Karchana, District- Prayagraj dated 16.05.2025 states that the property of the deceased is lying in Post Office, Naini, Prayagarj. 7. An affidavit of service has been filed bringing on record original copies of the newspapers 'Aaj' (Hindi) and ' The Times of India' (English)' both published on 22.5.2025 & 23.5.2025 respectively in Prayagraj Edition. 8. Pursuant to that notice, affidavits of no objection has been filed by Anuradha Yadav, Man Mohan Yadav & Krishna Mohan Priyadarshi through their lawyer Mr. Sanjay Singh. 9. In view of above, the matter is non-contentious in nature. 10.
The deceased had died at Mayo Medical Centre, Vikas Khand- 2 Gomti Nagar, Lucknow and his death certificate dated 13.9.2019 has been signed by ADO, Panchayet, Panchayati Raj Vibhag, Chaka, Prayagraj. 11. 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. 12. The petitioner has filed details of the property/credits left behind by the deceased. As per the schedule of property, an amount of Rs. 7,76,309/- in lying in the Saving Bank Account No. 1346613398 of Post Office, Branch Naini, Prayagraj. As per report of Deputy Registrar, Karchana, District- Prayagraj dated 16.05.2025, the property of the deceased is lying in Saving Bank Account No. 1346613398 of Post Office, Branch Naini, Prayagraj amounting to a sum of Rs. 8,07,361/-. The petitioner is directed to deposit the court fees on the amount mentioned in the report of Deputy Registrar, Sadar (Ist), District- Prayagraj , which is Rs. 8,07,361/-. 13. In view of the aforesaid facts and circumstances, as the petitioner is widow 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. 14.
Accordingly, Letters of Administration is granted to the estate
and credits of the deceased Late Ram Sabere Yadav in favour of the petitioner- Smt. Geeta Devi W/o Late Ram Sabere Yadav 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 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. 15. Petition is, accordingly, allowed. Order Date :- 15.7.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad