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2025 DAILYLAW 53843 (ALL)

SMT SAVITRI IN THE MATTER OF THE GOOD OF LATE SALIKRAM MISHRA v. NO RESPONDENT

TEST/23/2024 · 2025-07-31

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129804 Court No. - 1 Case :- TESTAMENTARY CASES No. - 23 of 2024 Petitioner :- Smt Savitri In The Matter Of The Good Of Late Salikram Mishra Respondent :- No Respondent Counsel for Petitioner :- Ankit Kumar Sahu,Brijesh Kumar Yadav Hon'ble Neeraj Tiwari,J. 1. Heard Sri Ankit Kumar Sahu along with Sri Brijesh Yadav, learned counsel for the petitioner. 2. Petitioner- Smt. Savitri w/o Salikram Mishra is seeking Letters of Administration to the estate and the credits of the deceased Late Salikram Mishra, who is reported to have died on 26.01.2022 at Hathigahan, Prayagraj. A death certificate dated 15.03.2022 has been brought on record, as per which Salikram Mishra died on 26.01.2022. In paragraph No. 4 of the petition, it is mentioned that the deceased at the time of his death has left neither any surviving kins nor adopted kins except the petitioner. 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 Pioneer (English) and 'Aaj' (Hindi) on 24.04.2024 both published from 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, no case for issuance of letter of administration in respect of estate of Late Salikram Mishra has been filed either by petitioner or by any other person in the office. 6. The report of Deputy Registrar, Sadar Ist District- Prayagraj dated 03.08.2024 states that the some credits of the deceased is lying in the bank account in State Bank of India and post office. 7. An affidavit of service has been filed bringing on record original copies of the newspapers 'Aaj' (Hindi) an 'The Pioneer (English) both published on 09.05.2024 respectively from Prayagraj and Lucknow. 8. In view of above, the matter is non-contentious in nature. 9. The deceased had died at Hathigahan, Prayagraj, Uttar Pradesh and his death certificate dated 15.03.2022 has been signed by Sub Registrar (Birth and Death), Nagar Nigam, Prayagraj. 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 estimated total valuation of the property is Rs. 13,68,148.99/- ( Thirteen Lakhs Sixty Eight Thousand One Hundred Forty Eight and Ninty Nine Paise) which is lying in Saving Bank Account No. 30087888445 in State Bank of India, Bai Ka Bagh, Prayagraj, Post Office Account No . 5270913247 at Prayag Mahila Vidya Peeth, Prayagraj and the total valuation of property as per the report of Deputy Registrar, Sadar Ist, District- Prayagraj is Rs. 13,75,324.09. 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. 13,75,324.09/-. 12. In view of the aforesaid facts and circumstances, as the petitioner is wife 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 Salikram Mishra in favour of the petitioner- Smt. Savitri w/o Late Salikram Mishra 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 :- 1.8.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad