- (1.) By means of this petition filed under Section 9 of the Administrator General Act, the Administrators General, Uttar Pradesh has sought Letters of Administration in respect to the estate of one late Dharambir alias Mohd. Haroon.
(2.) It has been stated in the petition that Dharambir alias Mohd. Haroon died at Mainpuri on 27-9-1994. The deceased who was a bachelor and did not leave him surviving any son, daughter or any other next of kin to succeed his estate. However, certain persons mentioned in paragraph No. 5 of the petition have filed Case No. 107 of 1994 in the Court of the District Judge, Mainpuri for grant of Succession Certificate claiming rights on the basis of a Will allegedly executed by late Dharambir in their favour. As the said persons were not the next of kins, under Section 7 of the Administrators General Act it is the Administrator General alone who is entitled to grant of Letters of Administration. It wasconsequently prayed that the Letters of Administration be granted to the Administrator General with regard to the estate left by the deceased.
(3.) On notice being issued, a counter affidavit has been filed on behalf of the opposite parties inter alia stating that the deceased had got himself converted into Hindu in the year 1947. He had executed a registered Will in favour of the said opposite parties bequeathing all his properties to them who have already filed a Misc. Case no. 107 of 1994 for the grant of Succession Certificate in their names regarding the debts and securities left by the deceased. In the said case, the Administrator General has been impleaded as opposite party No. 1 who instead of filing in a written statement and contesting the proceedings before the Court of the District Judge, has filed the present Testamentary Case No. 13 of 1995 before this Court in respect of the same properties left by the deceased. The present Testamentary Case No. 13 of 1995 is, therefore, not maintainable and has been filed only to harass the said parties. It is noteworthy that during the pendency of the present case before this Court, the Misc. Case No. 107 of 1994, filed before the District Judge, Mainpuri, has been allowed and the Succession Certificate has been ordered to be granted in favour of the applicants of the said case.;