- (1.) S. P. Mehrotra, J. The present Testamentary Petition has been filed by the petitioner (Smt. Shashi Bala Mishra) under Section 278 of the Indian Succession Act, 1925, inter alia, praying for grant of Letters of Administration in respect of the assets of the deceased, namely, the late Shiv Shanker Mishra, as mentioned in Schedule-I accompanying the Affidavit of Valuation.
(2.) IT is, inter alia, stated in the Testamentary Petition that the said Shiv Shanker Mishra died on 8-5-2004 at Heartline Hospital, Allahabad. Photostat copy and typed copy of the Death Certificate issued by the Sub-Registrar, Birth and Death, Nagar Nigam, Allahabad has been filed as Annexure-1 to the Testamentary Petition. It may be mentioned that alongwith Civil Misc. Application No. 52549 of 2005 (Paper No. A-9), the petitioner filed a supplementary affidavit, sworn on 7-3-2005, alongwith the Original Death Certificate in respect of the said Shiv Shanker Mishra (deceased) issued by the Sub-Registrar, Birth and Death, Nagar Nigam, Allahabad on 3-7-2004.
(3.) BY an order dated 16-3-2005 passed on the aforesaid application (Paper No. A-9), the said supplementary affidavit alongwith the said Original Death Certificate in respect of the said Shiv Shanker Mishra (deceased) was taken on record. It is, inter alia further stated in paragraph 2 of the Testamentary Petition that the said deceased (Shiv Shanker Mishra) has left behind the following heirs including the petitioner : (a) Smt. Shashi Bala Mishra W/o Late Shiv Shanker Mishra Resident of Village Marui, Post Sindhaura, District Varanasi (Widow of deceased-petitioner); (b) Shri Ajay Mishra, S/o Late Shiv Shanker Mishra, Resident of Village Marui, Post Sindhaura, District Varanasi (son of deceased); (c) Smt. Surabhi Pandey, W/o Brijesh Kumar Pandey, D/o Late Shiv Shanker Mishra, Resident of Village Marui, Post Sindhaura, District Varanasi (Daughter of deceased); (d) Kumari Alka Mishra, D/o Late Shiv Shanker Mishra, Resident of Village Marui, Post Sindhaura, District Varanasi (Daughter of deceased ).;