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In The Matter Of: Late Ram Shanker Pandey (Deceased) v. *** - TESTAMENTARY CASES No. - 13 of 2007 [2007] RD-AH 15224 (10 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No. 30

Testamentary Case No. 13 of 2007

In the matter of the goods of Late Shanta Sharma, daughter of late Kashi Nath Sharma resident of 528, Kirtanwali Gali, Chhoti Bazaria, District Ghaziabad

Kumari Sudha Sharma & another - Applicants

Hon. Sunil Ambwani, J.

Heard Shri Pratik J. Nagar holding brief of Shri S.N. Shukla, learned counsel for applicants.

The applicants-Kumari Sudha Sharma, daughter of late Dr. Rajendra Nath Sharma (applicant no. 1) and Sanjay Sharma, son of late Dr. Rajendra Nath Sharma (applicant no. 2) both residents of 320/5/361-A, Malviya Nagar, Allahabad, have prayed for grant of 'Letters of Administration' of the estate of the deceased-late Km. Shanta Sharma.

By an order dated 26.3.2007, the citation was required to be published in daily newspapers 'Amar Ujala' (Hindi) published from Moradabad and Delhi and steps were required to be taken to serve next of kins, named in paragraph no. 4 of the petition.

The death certificate issued by 'Nagar Palika Parishad Garh Mukteshwar, Ghaziabad' certifies that the deceased died at Garh Mukteshwar on 31.1.2006. It is contended that the deceased was a spinster and that the applicants are daughter and son of late Dr. Rajendra Kumar Sharma (brother of the deceased). The affidavit of service of publication of citation in daily newspapers 'Amar Ujala' published from Delhi and Moradabad on 31.3.2007 fixing 7.5.2007 for hearing of the case is on record.

The Registrar General has given a certificate under Chapter XXX Rule-8 of the Rules of the Court that he has not received any information of grant of 'Probate" of any Will and 'Letter of Administration' of the assets of the deceased from any of the Court within the territory of India.

Shri R.N. Mishra has entered appearance and has filed affidavits of all the other next of kins, Smt. Kadalika Sharma wife of Sri Manish Sharma, aged about 32 years; Nitin Sharma, son of late Dr. Rajendra Nath Sharma aged about 35 years; Sandhya Kool, wife of Sri Pramod Kool, aged about 45 years; and Smt. Suman Mishra, wife of Pt. Ravi Shanker Mishra, aged about 42 years stating that they have no objection to the grant of 'Letters of Administration' to applicants.

The approximate valuation of the Savings Bank Account No. 1338 with Moradabad Zila Sahkari Bank Limited for Rs. 67, 155.00; Fixed Deposit Receipt No. 807748 (Account No. 880-Ledger Folio No. 151-3) with Moradabad Zila Sahakari Bank Limited for Rs. 21, 783.00; Fixed Deposit Receipt No. 807749 (Account No. 684-Ledger Folio No. 34-3) with Moradabad Zila Sahakari Bank Limited for Rs. 41, 749.00; Savings Bank Account No. 01190030434 (Old No. 4139/9) with State Bank of India, Amroha Branch for Rs. 85,831.89; Fixed Deposit Receipt No. TDA/52-213441 (Account No. 0129203359501) with State Bank of India, Amroha Branch for Rs. 58236.00; Land measuring .0360 Hect. - Khata No. 380 Khasra No. 31 Gha in Village Alamgirpur for Rs. 1, 50,000/-; House No. 58, Bazar Jat, Tehsil Amroha District Moradabad for Rs. 1, 00, 000/- and Shop No. 59 to 59/5, Bazar Jat, Tehsil Amroha, District Moradabad for Rs. 1, 50,000/- (Total Rs. 6, 74, 754.00) are the only property disclosed in the affidavit of valuation. No one has filed objections to the grant of 'Letters of Administration' to the applicants. The matter is as such treated as non-contentious.

The Testamentary Case is allowed. Let the 'Letters of Administration' of the estate of the deceased described in the affidavit of valuation be issued, on payment of court fees, to the satisfaction of the Registrar General of the Court and after execution of the administration bond in accordance with the Rules of the Court, authorising the applicants to withdraw the amount and to deal with the estate of the deceased.




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