SHIVENDRA BAHADUR SINGH Vs. STATE AND ORS.

JUDGEMENT

(1.) THE present order will dispose of several applications pending -for a long time (in the case of two of them, for about 21 years) in the probate proceeding, on the file of this court.

(2.) THE estate of late Rani Padmawati Devi, (hereafter "the estate") who died intestate on 12.4.87, was the subject of the probate proceeding; the petitioner, Shivender Bahadur Singh, sought letters of administration, as her heir. That petition, under Section 278 of the Indian Succession Act was registered as Probate case No. 43 of 1987. On 10th May, 1988, by an order of learned Single judge of this Court, Shivendra Bahadur Singh was appointed as Administrator (hereafter referred to as "the Administrator"). The said order reads as follows:

(3.) ON 12.10.1988, in an application ( IA 8566/1988) filed by Ravindra Bahadur Singh, this court restrained the Administrator from transferring, alienating or parting with possession of the properties, which form subject matter of the estate of Rani Padmavati. On 21.12.1988 the Administrator, filed a statement of account in this Court, reflecting the receipt of Rs. 35 lakhs by the estate on account of sale of Padma Bhawan to the appellant. It is contended that notwithstanding the sale deed already executed in favour of Indian Associates, Ravindra Bahadur Singh, sold a part of the property known as Padma Bhawan, by a sale deed dated 29.7.1997, to one M/s Jespur Construction Company Pvt. Ltd. (hereafter "Jespur"), for a consideration of about Rs. 21 lakhs. This amount, according to Indian Associates, was not accounted for in the estate.