Delhi District Court
Raj Kumar Sah vs State on 16 November, 2012
1
IN THE COURT OF SH. PARAMJIT SINGH : ADDL. DISTRICT JUDGE
(WEST)02, TIS HAZARI COURTS: DELHI
Probate Case No. 42/2011
Unique ID Case No. 02401C00267012011
1. Raj Kumar Sah
S/o Sh. Hira Sah ,
R/oH. No. C56B,Sainik Nagar,
P.O Mohan Garden, Uttam Nagar,
New Delhi 110059
2. Master Neeraj Sah
S/o Sh. Raj Kumar,
Through his next friend/father ,
Sh. Raj Kumar ( petitioner no.1) ....Petitioners
Vs.
State ....Respondent
Date of institution of the case09.6.2011
Date on which, judgment have been reserved01.11.2012
Date of pronouncement of judgment16.11.2012
PC No. 42/2011 1/6
2
JUDGMENT:
The present petition u/s 278 of the Indian Succession Act for grant of Letter of Administration in respect of immovable property bearing H.No. C56B, Sainik Nagar, P.O Mohan Garden, Uttam Nagar, New Delhi has been filed on behalf of the petitioners Sh. Raj Kumar Sah & Anr.
2. In the instant petition, it has been stated that Smt. Subhawati Devi wife of petitioner and mother of petitioner no.2 died intestate on 07.8.2006 and she left behind the petitioners and a daughter as her legal heirs and on 10.12.2008, the said daughter namely Ms. Vandana Sah also left for her heavenly abode. It is further stated that petitioner no.1 purchased a property bearing no. C56B, Sainik Nagar, PO Mohan Garden, Uttam Nagar, New Delhi during the lifetime of deceased in the name of the deceased. The said property was purchased vide GPA dated 05.3.2001 and at the time of purchase, the property comprised land area/ plot measuring 100 sq. yds. out of khasra no. 10 Killa no. 23 to 25 situated in the revenue Estate of Village Matiala, Delhi which was thereafter duly built up comprising rooms, kitchen, latrine and bathroom on the ground floor and first floor . It is stated that petitioners are owner in possession of the above said property after having succeeded to it after the death of the deceased, who died intestate having left no Will or any other testamentary document and thus petitioners seek Letter of Administration to deal and administer the property effectively for all intent and purposes and PC No. 42/2011 2/6 3 it has been prayed that a Letter of Administration in respect of the aforesaid property bearing no. C56B, Sainik Nagar, PO Mohan Garden, Uttam Nagar, New Delhi may be granted in favour of the petitioners.
3. Upon filing of the present petition, notice of the petition was issued to the respondent vide order dated 02.8.2011 passed by the Ld. Predecessor of this court .
It is pertinent to note that the market value of the property in question bearing no. C56B, Sainik Nagar, PO Mohan Garden, Uttam Nagar, New Delhi has been assessed to the tune of Rs. 34,37,080/ by the Executive Magistrate/ Tehsildar ( Patel Nagar ).
Further, citation for general public was also got published and accordingly, the citation for general public was published in newspaper ' The Statesman' on 31.8.2011 circulated in Delhi. It is pertinent to note that objections have not been filed on behalf of general public in this case.
4. In support of their case, petitioners have examined petitioner no.1 Sh. Raj Kumar Sah as PW1 and thereafter PE was closed on behalf of the petitioners.
5. I have heard the arguments put forward by Ld. Counsel for the petitioners and have carefully gone through the record of the case. I have also PC No. 42/2011 3/6 4 carefully considered the evidence adduced on behalf of the petitioners.
6. The present petition u/s 278 of the Indian Succession Act for grant of Letter of Administration in respect of the property bearing no. C56B, Sainik Nagar, PO Mohan Garden, Uttam Nagar, New Delhi left behind by Smt. Subhawati Devi have been filed on behalf of the petitionersSh. Raj Kumar Sah & Anr.
In order to prove their case on record, petitioners have examined petitioner no.1 Sh. Raj Kumar Sah as PW1, who has filed his evidence by way of affidavit ( Ex. PW1/A), wherein it has been stated that he was petitioner no.1 in the instant case and Smt. Subhawati Devi, who was his wife and mother of petitioner no.2 died intestate on 07.8.2006 and she left behind the petitioners and a daughter as her legal heirs. PW1 further deposed that on 10.12.2008, the said daughter namely Ms. Vandana Sah also left for her heavenly abode. PW1 stated that he purchased a property bearing no. C56B, Sainik Nagar, PO Mohar Garden Uttam Nagar, New Delhi during the lifetime of deceased in the name of the deceased and the said property was purchased vide GPA dated 05.3.2001 and at the time purchase, the property comprised land area/ plot measuring 100 sq. yds. out of khasra no. 10 Killa no. 23 to 25 situated in the revenue Estate of Village Matiala, Delhi, which was thereafter duly built up comprising rooms, kitchen, latrine and bathroom on the ground floor and first floor . PW1 further deposed that petitioners were owner in PC No. 42/2011 4/6 5 possession of the above said property after having succeeded to it after the death of the deceased, who died intestate having left no Will or any other testamentary document and thus petitioners seek Letter of Administration to deal and administer the property effectively for all intents and purposes. PW1 has proved the site plan and death certificate of the deceased as Ex. PW1/2 and Ex. PW1/3 respectively. PW1 has further proved his election ICard, PAN Card, Card of Gail India as Ex. PW1/4 to Ex. PW1/6 respectively. PW1 has proved the GPA, Agreement to Sell, Will, Affidavit, Agreement to Appoint Attorney, Receipt, Possession Letter all dated 5.3.2001 executed by Sh. P. N. Vijaya Kumar in favour of Smt. Subhawati Devi as Ex. PW1/1 to 9 ( colly.). He has also proved the election ICard of the deceased as Ex. PW1/7.
It is pertinent to note that the present petition has not been contested by any public person and no objection whatsoever has come on record despite publication of the citation in the daily newspaper ' The Statesman'. In these circumstances, the evidence of the petitioner no.1 (PW1) have also remained uncontroverted and there is no reason on record to disbelieve the uncontroverted and uncontested evidence of PW1 Sh. Raj Kumar Sah (petitioner no.1 herein) .
7. Thus, in view of the above discussion & observations, the Letter of Administration in respect of property bearing no. C56B, Sainik Nagar, PO PC No. 42/2011 5/6 6 Mohan Garden, Uttam Nagar, New Delhii be granted in favour of the petitioners after obtaining requisite Court Fee and Administration bond for a sum of Rs.34,37,080/ with one surety of like amount. Further, the petitioners are directed to file the inventory of the above said immovable property within six months and final statement of account within one year from the date of receipt of formal Letter of Administration.
It is further clarified that question of title, share and ownership of the property mentioned above is not decided by this court.
File be consigned to record room.
(Announced in the open ) (Paramjit Singh)
(court on 16.11.2012) ADJ02 (West)
Tis Hazari Courts Delhi
16.11.2012
PC No. 42/2011 6/6
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P.C No. 42/2011
16.11.2012
Present: None.
Vide separate judgment, announced in the open court, the present petition for the grant of Letter of Administration has been disposed of.
File be consigned to record room.
(Announced in the open ) (Paramjit Singh)
(court on 16.11.2012) ADJ02 (West)
Tis Hazari Courts Delhi
16.11.2012
PC No. 42/2011 7/6