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In The Matter Of Goods Late Bilkan K Ongari : Shunila Daniel - TESTAMENTARY CASES No. 22 of 2005  RD-AH 8080 (23 December 2005)
Court No. 9
Testamentary Case No. 22 of 2005
Mrs. Shunila Daniel, W/o
Mr. Merold Heubert Daniel,
R/o 31 Myorabad Allahabad
In the matter of goods of late Bilkan Kongari
Hon'ble Sunil Ambwani, J.
Heard Shri Sandeep Agarwal, learned counsel for the applicant.
This is an application filed by Mrs. Shunila Daniel for ''Letters of Administration' of the credits and assets of late Bilkan Kongari. According to her, she is a daughter of late R.F. Daniel, who was elder brother of Mr. Bilkan Kongari's mother Mrs. Bilasha Kongari, and was living along with the deceased till the time of his death and is also the nominee of the amount in the credit of the deceased. The applicant claims to be relative and relies upon Section 48 of the Indian Succession Act, for claiming ''Letters of Administration'.
By order dated 25.10.2005, this Court directed the notices to be issued to Administrator General and citation to be published in ''Northern India Patrika' English and ''Amar Ujala' Hindi within six weeks.
The Registrar General of the Court has given certificate under Chapter XXX, Rule-8 of the Rules of the Court dated 22.12.2005 to the effect that he has not received any intimation of grant of Letters of Probate or Letters of Administration from any other Court.
The citations have been published in ''Northern India Patrika' and ''Amar Ujala' on 9.11.2005. No one has filed any objection. The matter is treated to be non-contentious. The applicant has given the affidavit of valuation disclosing that the deceased did not leave any immovable property. She has left only a cash balance of Rs. 3, 38, 804.58 in State Bank of India, Mumfordganj Branch, Allahabad. The applicant is relative and is entitled to succeed to the assets of the deceased under Section 48 of the Indian Succession Act 1925.
The Testamentary Case is allowed. Let the ''Letters of Administration' be issued to the applicant on payment of required
court fees to be determined by the office within two weeks. The applicant shall pay the court fees within next two weeks and shall be issued of the ''Letters of Administration' to operate the Bank account and submit accounts to the court in accordance with the Rules of the Court.
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