Jharkhand High Court
Biren Poddar vs General People Of Locality Of Hindpiri on 20 April, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Probate Case No. 01 of 2012
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Biren Poddar .. Petitioner
vs.-
General People of Locality of Hindpiri, Ranchi ... ... Opp. party
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner : Mr. Rohit Roy, Adv.
For the Opp. Party :
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11/20.4.2018 Petitioner has sought grant of Probate with respect to Will dated
7th April, 2008 executed by Sitaram Lohia son of Late Ram Pratap Lohia being named executor, the original petitioner being other executor named in the Will having died on 2nd September, 2017 during pendency of this case. The present executor has been substituted thereafter. Original copy of Will has been filed. As per office report, no intimation has been received from other High Court or District Courts regarding grant of Probate or Letters of Administration of the property and credits of the deceased Sita Ram Lohia, who died on 21st April, 2008 at Ranchi within the jurisdiction of this Court. Stamp duty of Rs. 30,000/- has also been deposited by the petitioner on 22nd March, 2018.
Learned counsel for the petitioner submits that the testator died leaving behind heirs and legal representatives as named at para 10 of the petition. Testator had made bequeaths in favour of the persons in respect of the properties described at para-11 of the petition as also contained in the body of Will. Learned counsel for the petitioner submits that in terms of the provisions contained in Chapter-XIV of the Jharkhand High Court Rules, 2001 read with relevant provisions of Indian Succession Act, 1925 for grant of Probate and Letter of Administration, citation may be issued to the general public at large at conspicuous places within the territorial jurisdiction of the Districts within which the Testator's properties, movable or immovable, as described in the Will are situate. The Testator's immovable properties as described in the Will are situate two in the district of Ranchi one at New Delhi and 4th in the district of Sikar (Rajashthan).
Accordingly, let citation be issued to the general public at large to be posted conspicuous places in the District of Ranchi and at New Delhi 2. in the concerned district where properties are situate and also in the district of Sikar, Rajashthan, specifically at such public places in the locality within which the immovable property of the Testator lies. Citation be also fixed in some conspicuous part of the Court House and also in the office of Collectors of the Districts. Let citation be also published through paper publication in two national editions. Special citation be also issued in the name of the persons mentioned at para 10 of the instant petition in terms of Section 283 (c) of the Indian Succession Act,1925 calling upon them to come and see the proceedings before grant of Probate. Requisites for the purpose be deposited within 3 weeks. Draft of citation be published through Newspaper be supplied by the office to learned counsel for the petitioner within 1 week thereafter. Affidavit showing paper publication be filed within three weeks thereafter.
Let the case appear on service of citations under the appropriate heading.
(Aparesh Kumar Singh,J) jk