Mohd. Shoaib and Another in the Matter of Goods of Late Mohd. Yusuf v. Na

Court No. - 9 Case :- TESTAMENTARY CASES No. - 35 of 2022 Petitioner :- Mohd. Shoaib And Another In The Matter Of Goods Of Late Mohd. Yusuf Respondent :- Na Counsel for Petitioner :- Jitendra Kumar Yadav,Faizan Siddiqui,Laddu Arvind Kumar,Manjur Mohammad Ansari Hon'ble Rohit Ranjan Agarwal,J.

¶1Heard learned counsel for the petitioners and learned counsel appearing for legal heirs.

¶2Petitioners-Mohd. Shoaib S/o Late Mohd. Yusuf and Mahtab Fatma D/o Late Mohd. Yusuf are seeking Letters of Administration to the estate and the credits of the deceased Mohd. Yusuf, who is reported to have died on 10.04.2021. A death certificate dated

12.05.2021 has been brought on record, as per which, Mohd. Yusuf died on 10.04.2021. The next of kins of the deceased has been specified in para 4 of the petition.

¶3On 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.

¶4The citation of the petition was directed to be published in two newspapers, namely, 'Northern India Patrika' (English) and 'Aaj' (Hindi) on 04.05.2022, both published from Prayagraj.

¶5Learned 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 Mohd. Yusuf has been filed either by petitioners or by any other person in the office.

¶6The report of Deputy Registrar, Soraon, District-Prayagraj dated 13.01.2023 states that the valuation of the property is Rs.35,40,752.73/-.

¶7An affidavit of service has been filed bringing on record original copies of the newspapers 'Aaj' (Hindi) and 'Northern India Patrika' (English)' both published on 23.11.2022 from Prayagraj.

¶8Pursuant to that notice, affidavits of no objection have been filed by Asama Begum, Shadab Fatma, Talat Fatma, Kaneez Aayasha, Urooj Fatma, Tahira Khatoon and Aftab Jahan through their lawyer Sri Manzoor Mohammad Ansari.

¶9In view of above, the matter is non-contentious in nature.

¶10The deceased had died and his death certificate dated

12.05.2021 has been signed by Registrar (Birth and Death), Gram Panchayat, Mansoorabad, Prayagraj, U.P..

¶11The 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.

¶12The petitioners have 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.34,67,151.73/-, which is in Baroda Uttar Pradesh Gramin Bank, Branch-Mansoorabad, Prayagraj, bearing Account No.53230100001180 and the total valuation of property as per the report of Deputy Registrar, Soraon, District-Prayagraj is Rs.35,40,752.73/-. The petitioners are directed to deposit the court fees on the amount mentioned in the report of Deputy Registrar, Soraon, District-Prayagraj, which is Rs.35,40,752.73/-.

¶13In view of the aforesaid facts and circumstances, as the petitioners are son and daughter of the deceased and the other heirs of the deceased have expressed their no objection to the grant of letter of administration to the petitioners, coupled with the fact that no one else has appeared to contest the grant, I consider it fit and appropriate to permit the petitioners to administer the estate/credits of the deceased.

¶14Accordingly, Letter of Administration is granted to the estate and credits of the deceased Late Mohd. Yusuf in favour of the petitioners-Mohd. Shoaib s/o Mohd. Yusuf and Mahtab Fatma d/o Mohd. Yusuf, 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 their executing administration bonds in accordance with Chapter XXX Rule 26 of the Rules of the Court. The petitioners will thereafter comply with rules and submit the statement of accounts in the Court in accordance with the rules.

¶15Petition is, accordingly, allowed. Order Date :- 6.12.2023 SK Goswami High Court of Judicature at Allahabad High Court of Judicature at Allahabad