MUNNA LAL PATEL IN THE MATTER OF THE GOODS OF LATE LAKHAN LAL PATEL v. NA
TEST/52/2023 · 2025-08-04
Neeraj Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54257 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54257 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:132163 Court No. - 1 Case :- TESTAMENTARY CASES No. - 52 of 2023 Petitioner :- Munna Lal Patel In The Matter Of The Goods Of Late Lakhan Lal Patel Respondent :- Na Counsel for Petitioner :- Anil Kumar Singh,Jagjeet Singh Counsel for Respondent :- Lokesh Kumar Patel Hon'ble Neeraj Tiwari,J.
1. Heard Sri Anil Kumar Singh, learned counsel for the petitioner and Sri Lokesh Kumar Patel, learned counsel appearing for legal heirs. 2. Petitioner- Munna Lal Patel S/o Late Lakhan Lal Patel is seeking Letters of Administration to the estate and the credits of the deceased Lakhan Lal Patel, who is reported to have died on 18.12.2022 at 58 Naya Purawa Naini, Prayagraj, U.P. 211008. A death certificate dated 28.01.2023 has been brought on record, as per which Late Lakhan Lal Patel died on 18.12.2022. The next of kin of the deceased has been specified in para-5 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 Pioneer' (English) and 'Aaj' (Hindi) on 10.10.2023, 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 Lakhan Lal Patel has been filed either by petitioner or by any other person in the office. 6. The report of Deputy Registrar, Karchhana, District- Prayagraj dated 28.11.2023 states that the property of the deceased is lying in Union Bank of India. 7. An affidavit of service has been filed bringing on record original copies of the newspapers 'Aaj' (Hindi) and ' The Pioneer' (English)' both published on 20.10.2023 respectively from Prayagraj and Lucknow. 8. Pursuant to that notice, affidavits of no objection has been filed by Geeta Devi, Rekha, Gunja Patel and Chandra Rani through their lawyer Sri Lokesh Kumar Patel. 9. In view of above, the matter is non-contentious in nature. 10.
The deceased had died at 58 Naya Purawa Naini, Prayagraj, U.P. 211008 and his death certificate dated 28.01.2023 has been signed by Registrar (Birth and Death), Nagar Nigam Zone-5, Naini, Allahabad, U.P.
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 fresh schedule of property, an amount of Rs. 28,23,863.35/- is lying in the different accounts of Union Bank of India, Branch-Naini, Prayagraj. The petitioner is
directed to deposit the court fees on the aforesaid amount mentioned which is Rs. 28,23,863.35/-.
13. 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.
14. Accordingly, Letters of Administration is granted to the estate and credits of the deceased Late Lakhan Lal Patel in favour of the petitioner- Munna Lal Patel S/o Late Lakhan Lal Patel 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.
15. Petition is, accordingly, allowed.
Order Date :- 5.8.2025 Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad