Indian Kanoon - Search engine for Indian Law

Delhi District Court

Surjan Singh Bhandari vs State (Nct Of Delhi) on 26 March, 2015

  IN THE COURT OF SH R.L. MEENA ADDL. DISTRICT JUDGE­02: 
     SOUTH­WEST DISTRICT: DWARKA COURTS:NEW DELHI


P.C No. 9/14
Unique Identification No. 02405C0311782013


1. Surjan Singh Bhandari
S/o Late Sh. S.S. Bhandhari

2. Darban Singh 
S/o Late Sh. S.S. Bhandhari
Both R/o RZ­690, A/1, Raj Nagar­I, 
Palam Colony (South­West),
New Delhi. 


3. Meena Bisht
W/o Sh. Ramesh Bisht 
R/o RZ­6B, Puran Nagar, 
Gali No.9, Palam Colony,
New Delhi­110045.                                                      ........ Petitioners


                                    VERSUS


State (NCT of Delhi)                                             ........ Respondent




P.C No. 9/14            Surjan Singh and others Vs. State                             page no. 1/6
 Date of institution of the petition                       : 23.10.2013
Date of arguments                                         : 12.03.2015
Date of pronouncement                                     : 26.03.2015 


26.03.2015 
JUDGMENT

1. This is a petition for grant of letter of administration in respect of immovable property bearing no. RZ­690, A/1, Raj Nagar­I, Palam Colony, New Delhi­45 and FD/SB Account No. 10429840042 (Ledger/Folio No. 30161043640) in State Bank of India, Palam Village, New Delhi of deceased late Sh. S.S. Bhandari @ Saukar Bachan Bhandari.

2. It is stated by the petitioner that Sh. S.S. Bhandari @ Saukar Bachan Bhandari, died intestate on 19.05.2012 leaving behind Surjan Singh Bhandari, Darban Singh (both sons) and Meenu Bhisht (daughter) as the only legal heirs. It is prayed that letter of administration may be issued in favour of petitioners in respect of immovable property bearing no. RZ­690, A/1, Raj Nagar­I, Palam Colony, New Delhi­45 and FD/SB Account No. 10429840042 (Ledger/Folio No. 30161043640) in State Bank P.C No. 9/14 Surjan Singh and others Vs. State page no. 2/6 of India, Palam Village, New Delhi

3. Citation was ordered to be published in newspapers "The Statesman" and "Veer Arjun". The said newspapers dated 26.11.2013 are on record.

4. Notice was also issued to the collector to file valuation report in response to which SDM, Dwarka has filed his report stating the value of property bearing no. RZ­690, A/1, Raj Nagar­I, Palam Colony, New Delhi­45 as Rs. 60,00,000/­ (Rupees Sixty Lacs Only).

5. To prove his claim, petitioner no.1 Surjan Singh Bhandari tendered his evidence by way of affidavit Ex CW 1/A. He has also relied upon his driving licence Ex CW 1/1 (OSR) for showing his identity in respect of subject property.

6. Petitioner no.2 Darban Singh has also tendered his evidence by way of affidavit Ex PW 3/A.

7. Petitioner no.3 Meena Bhisht tendered her evidence by way of affidavit Ex PW 2/A. She has relied upon following documents:

(i) FDR issued by State Bank of India Ex PW 2/1 (OSR) P.C No. 9/14 Surjan Singh and others Vs. State page no. 3/6

(ii) General Power of Attorney Ex PW 2/2 (OSR)

(iii) Death certificate of Smt. Chandrama Ex PW 2/3 (OSR)

(iv) Death certificate of Sokar Singh Ex PW 2/4 (OSR).

8. I have heard Learned Counsel for the petitioner and perused the record carefully.

9. The petitioners have proved that they are the sons and daughters of late Sh. S.S. Bhandari @ Saukar Bachan Bhandari who died intestate on 19.05.2012. They further proved that property bearing no. RZ­690, A/1, Raj Nagar­I, Palam Colony, New Delhi­45 belongs to their father late Sh S.S. Bhandari @ Saukar Bachan Bhandari. They have also shown that their father was having FD/SB Account No. 10429840042 (Ledger/Folio No. 30161043640) in State Bank of India, Palam Village, New Delhi. It is further shown that their father was having FDR bearing no. 063392 in the sum of Rs. 5 lakhs issued by State Bank of India.

10. No objections have been received to the petition from any quarter despite publication of citation in two newspapers. Accordingly, I see no impediment to grant letter of P.C No. 9/14 Surjan Singh and others Vs. State page no. 4/6 administration in favour of petitioner in respect of property of deceased bearing no. RZ­690, A/1, Raj Nagar­I, Palam Colony, New Delhi­45 as well as movable property i.e FD/SB Account No. 10429840042 (Ledger/Folio No. 30161043640) in State Bank of India, Palam Village, New Delhi of deceased late Sh. S.S. Bhandari @ Saukar Bachan Bhandari, as mentioned in the petition. It is made clear that if late Sh. S.S. Bhandari @ Saukar Bachan Bhandari has made nominee of abovesaid bank account or the nominee of the FDR mentioned above then the petitioner will not be entitled for the aforesaid movable property. However, it is further made it clear that in case wife of late Sh. S.S. Bhandari @ Saukar Bachan Bhandari is found nominee of aforesaid account and FDR then petitioners will be entitled for the aforesaid movable property as it has been brought on record that wife of late Sh. S.S. Bhandari @ Saukar Bachan Bhandari has also passed away.

11. It is, however, clarified that nothing stated herein above shall however be construed as an expression of opinion in respect of title of the deceased over the subject property. P.C No. 9/14 Surjan Singh and others Vs. State page no. 5/6

12. Let the file be consigned to Record Room with liberty to petitioners to fulfill formalities by furnishing indemnity­cum­ surety bond and court fees for issuance of letters of administration with regard to the aforementioned property of the deceased.

Pronounced in the open                                          (R.L.Meena)
court on 26.03.2015                                Addl. District Judge­02/South­West,
                                                   Dwarka Courts Complex, New Delhi 




P.C No. 9/14                        Surjan Singh and others Vs. State                  page no. 6/6