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2025 DAILYLAW 37559 (ALL)

ARVIND KUMAR IN THE MATTER OF THE GOODS OF LATE GULAB CHAND v. NA

TEST/63/2020 · 2025-08-03

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133465 Court No. - 1 Case :- TESTAMENTARY CASES No. - 63 of 2020 Petitioner :- Arvind Kumar In The Matter Of The Goods Of Late Gulab Chand Respondent :- Na Counsel for Petitioner :- Vishnu Shankar Choubey Hon'ble Neeraj Tiwari,J. 1. Heard Sri Vishnu Shankar Choubey, learned counsel for the petitioner. 2. Petitioner- Arvind Kumar s/o Late Gulab Chandra is seeking Letters of Administration to the estate and the credits of the deceased Late Gulab Chandra, who is reported to have died on 10.6.2002 at Khanpur Khas, Newada, Kaushambi. A death certificate dated 3.6.2019 has been brought on record, as per which Gulab Chandra died on 10.6.2002. In paragraph no.6 of the petition, it is mentioned that the deceased has no legal heirs except the petitioner. His mother Smt. Terasi Devi has already died on 7.6.2007. 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, 'Pioneer' (English) and 'Aaj' (Hindi) on 21.5.2024 both published from Allahabad (Prayagraj). 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, an application for grant of letter of Administration in respect of estate of Late Gulab Chandra s/o Late Gaital Prasad, was filed in the office which was registered as Case No.327 of 2011 connected with Case No.72 of 2021 however, the said cases was disposed of/dismissed on 25.5.2022. 6. The report of District Magistrate, Kaushambi, District- Kaushambi dated 21.9.2024 states that an amount of Rs.2,90,035.00/- is lying in the G.P.F. account of the deceased and no immovable property is involved. 7. An affidavit of service has been filed bringing on record original copies of the newspapers 'Aaj' (Hindi) and 'Pioneer' (English) both published on 14.6.2024 from Allahabad (Prayagraj) and Lucknow. 8. In view of above, the matter is non-contentious in nature. 9. The deceased had died at Khanpur Khas, Newada, Kaushambi and his death certificate dated 27.6.2019 has been signed by ADO Panchayat, Panchayati Raj Vibhag, Newada, Kaushambi. 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 schedule of property, an amount of Rs. 2,90,035.00/-(Two lacs ninety thousand thirty five rupees only) in the GPF account of the deceased is lying in the Office of Finance and Accounts, Basic Shiksha, Kaushambi. The petitioner is directed to deposit the court fees on the aforesaid amount i.e. Rs. 2,90,035.00/-. 12. In view of the aforesaid facts and circumstances, as the petitioner is son of the deceased and there is no other legal heirs of the deceased except 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, Letters of Administration is granted to the estate and credits of the deceased Late Gulab Chandra in favour of the petitioner- Arvind Kumar s/o Late Gulab Chandra 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. 14. Petition is, accordingly, allowed. Order Date :- 4.8.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad