Sunil Ambwani, J. - (1.) SHRI Muslim Siddiqui (the deceased) a bachelor, died on 26.8.1996, at Allahabad leaving behind a nephew, Shri Suhail Siddiqui, a Pakistani national and a few relatives and friends at Allahabad and Lucknow. One Shri Bhai Lal Shukla is claiming 'letters of administration' of his estate worth more than twenty laes including a bunglow No. 50/1 84 Muir Road, Allahabad, shares and bank balance on the basis of a will dated 17.8.1996. The Administration General U.P. has claimed letters under Section 7 read with Section 9 of the Administrator General Act, 1963.
(2.) THE Administrator General in Testamentary Suit No. 5 of 1998 is claiming 'Letters of Administration' to administer the estate of the deceased, with the averments that Shri Bhai Lal Shukla, claiming the estate of deceased through a will, is not related to the deceased. Mohd. Arshad, a stranger has filed a Suit No, 391 of 1996 for a declaration that he is owner of house No. 50/184 Muir Road, Allahabad by virtue of the oral gift, has no right and likewise Suhail Siddiqui, Pakistani citizen has no interest in the property of the deceased. Shri Suhail Siddiqui has also filed a Suit No. 414 of 1996 for declaration that he has succeeded to the estate of deceased under the muslim personal law, as his nephew. The Administrator General contends that Shri Zuhair Siddiqui, father of Shri Suhail Siddiqui migrated to Pakistan after partition in 1947 and became Pakistani national. He did not take any steps for acquisition of the property in possession of Muslim Siddiqui and had no share on the property. The estate of the deceased is valued at Rs. 16 lacs, is under threat of misappropriation/deterioration and requires immediate protection. Shri Bhai Lal Shukla, in Testamentary Suit No. 4 of 1998 contends that the deceased executed a 'will' dated 17.8.1996 bequeathing all his movable and immovable properties to him. He has filed the original will, which witnessed by Pt. Bhola Nath Tripathi and Mohan Lal Yadav, Advocate. He states that Mohd. Arshad has no claim to the house and that the father of Suhail Siddiqui migrated to Pakistan in 1947. His share vested in the custodian as evacuee property. The custodian did not take any steps to recover the possession which empowered the deceased testator and the deceased was exclusive owner of the property.
(3.) SHRI Bhai Lal Shukla amended the plaint by adding para No. 6 -A and 6 -B on 24.9.1998 stating therein that the plot, on which the house is situate, was leased by the Secretary of State in India in favour of Shri Sarju Prasad, Deputy Librarian, Allahabad through sale deed dated 5.4.1933. Shri Sarju Prasad on his turn transferred it in favour of Prof. Abdussattar Siddiqui through sale deed dated 2.9.1933, who constructed a house and residential building. He had two sons Shri Muslim Siddiqui and Shri Zuhair Siddiqui, Shri Juhair Siddiqui migrated to Pakistan in 1947 without inheriting any property from his lather, and had no movable and immovable property of his own in India. Prof. Abdussattar Siddiqui made an oral gift of his lease hold rights together with residential house erected and constructed by him in favour of late Muslim Siddiqui on 2.1.1967, and on the basis of this oral gift, he moved an application before the Tax Superintendent, Nagar Maha Palika Allahabad on 10.1.1967 to accept the oral gift in favour of late Muslim Siddiqui. The deceased also filed an application for mutation. Dr. Abdussattar Siddiqui did not file any objection as he had already informed the Tax Superintendent admitting oral gift dated 2.1.1967 through letter dated 10.1.1967 and in absence of any objection mutation orders were passed in favour of the deceased on 22.2.1968. The deceased was absolute owner of the properties owned by him, and competent to execute the will dated 17.8.1986.;