IN THE MATTER OF GOODS OF KM. UMA BOSE, DECEASED ON BEHALF OF KM. SHOBHA BOSE Vs. STATE BANK OF INDIA AND ANOTHER

JUDGEMENT

(1.) Km. Shobha Bose, the only surviving sister amongst three born to late Smt. Radha Rani Bose and late Shri Narendra Nath Bose filed the Testamentary Case No. 15 of 1998, which was later numbered as Testamentary Suit No. 8 of2000 after a contest was put in by Gaudia Mission, the defendant, for Letters of Administration, to administer the estate of Km. Uma Bose (in short the deceased), possessed by her at the time of her death. All Counsel: the three sisters decided not to marry. Km. Asha Bose, the eldest sister died on 8/9-6-1990.

(2.) The deceased, a Hindu Bengali, retired serving as Lecturer, Government Girls College, Gonda, U.P. She was temporarily living at House No. 98, Hit Radha Kunj, Chhipi Gali, Vrindaban, District Mathura. The plaintiff, Km. Shobha Bose is the only surviving heir of the three sisters. The deceased left behind sums in TDR's and in Saving Bank account in State Bank of India, Colonelganj, Allahabad, and in State Bank of India, Vrindaban, and a house described as above, in which she died.

(3.) The plaintiff applied for and was granted a certificate No. F-181/97, A No. 0837 dated 26-9-1997 in respect of the goods of the deceased under Sec. 29 of the Administrator Generals Act, 1963. Gaudia Mission through its Additional Secretary and General Power of Attorney his Holiness Tridandi Swami Bhatti Bikas Barman Maharaj applied for cancellation of certificate on the ground that the deceased has left behind properties worth more than Rs. 50,000.00, which is the pecuniary limit of grant of certificate under Sec. 29 of the Administrator Generals Act, 1963 and further on the ground that the deceased bequeathed all her assets and properties during her life time by executing a registered Will dated 18-12-1994 and a Codicil dated 9/10-9-1996, in favour of Gaudia Mission. The Administrator General accepted the objections and by his order dated 29-4-1998 cancelled the certificate, and asked for its surrender. In this suit the plaintiff has valued the estate of the deceased at Rs. 3,55,995.00.