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Delhi District Court

Smt Indira Balasubramaniam vs State on 2 June, 2015

              In The Court of Virender Kumar Goyal
                Additional District Judge­01 (East)
                   Karkardooma Courts, Delhi.


PC No. 11/2013

Unique Case ID No.02402C0044722013

In the matter of :­


   1. Smt  Indira Balasubramaniam
      w/o late K V Balasubramaniam
      r/o E­35, Oxford Apartments,
      Plot no. 11, I P Extension,
      Delhi - 110 092.
   2. Ms Renuka Subbu
      d/o late K S Subbu
      r/o E­35, Oxford Apartments,
      Plot no. 11, I P Extension,
      Delhi - 110 092.            .....Petitioners


                               Versus
   1. State
   2. Saraswati Subbu
      C­101, Priyadarshani Apartments
      17, I P Extension,
       Delhi­110 092.                   .....Respondents



Date of Institution              :       13.02.2013
Reserved for judgment            :       02.06.2015
Judgment Announced on            :       02.06.2015

PC: 11/2013                          1 Of 9
                                JUDGMENT

1. Brief facts of the case are that the petitioners have filed the present petition U/s 278 of Indian Succession Act for grant of letter of administration in respect of moveable and immovable properties, which were owned by their deceased sister late Ms. Lalita Subbu and late Ms Lalita Subbu was having her permanent residence at E­35, Oxford Apartments, Plot no. 11, I P Extension, New Delhi ­92, who died intestate on 23.6.2010. It is further averred that the deceased Lalita Subbu did not marry in her lifetime and died intestate, leaving behind immovable property i.e. House no. E­35, Oxford Apartments, Plot no.11, I P Extension, Delhi 92 and movable property i.e. one Maruti Alto LX Car bearing registration no. DL 8C N B 4312 and further averred that the said properties were self earned properties of the deceased during the lifetime of the deceased and there are no encumbrances and liabilities over the same and the deceased does not have any surviving class I legal heirs and was survived by the following Class II legal heirs:­ a. Indira Balasubrmaniam : sister/petitioner no.1 b. Renuka Subbu : sister/petitioner no.2. c. Saraswati Subbu :sister/respondent no.2.

PC: 11/2013 2 Of 9

2. It is further averred that the petitioner no.1 and 2 are the real sisters of the deceased, who have filed the present petition for grant of letter of administration of the moveable and immovable properties left behind by the deceased Ms Lalita Subbu, whereas, the respondent no.2 is also the real sister of the deceased Ms Lalita Subbu, but she has relinquished her claim in the properties of the deceased Ms Lalita Subbu and she has given no objection, in favour of the petitioners.

3. It is further averred that in view of the no objection given by the respondent no.2 in favour of the petitioners, the petitioners being the Class II legal heir of the deceased Ms Lalita Subbu have filed the present petition for grant of letter of administration in respect of immovable property i.e. House no. E­35, Oxford Apartments, Plot no.11, I P Extension, Delhi 92 and movable property i.e. one Maruti Alto LX Car bearing registration no. DL 8C N B 4312.

4. It is further averred that the deceased at the time of her death was residing within the territorial jurisdiction of this court and prayed for grant of letter of administration of the above mentioned properties left behind by the deceased Ms Lalita Subbu.

5. The notice of the petition was issued to the respondents. The service of respondent no.1 was effected by way of PC: 11/2013 3 Of 9 publication of notice in the newspaper Statesman in its edition dated 5.3.2013. But, none appeared on behalf of respondent no.1, so, it was proceeded exparte.

6. The notice of the petition was served on the respondent no.2 and she appeared in the court and has given her no objection, if the letter of administration in respect of immovable property i.e. House no. E­35, Oxford Apartments, Plot no.11, I P Extension, Delhi 92 and movable property i.e. one Maruti Alto LX Car bearing registration no. DL 8C N B 4312, is issued in favour of the petitioners.

7. In order to prove their case, the petitioner no.1 has examined herself, as PW1 vide her affidavit Ex.PW1/A and relied upon the documents i.e. original death certificate of deceased late Ms Lalita Subbu Ex.PW1/1, schedule of the surviving legal heirs of deceased Ms Lalita Subbu Ex.PW1/2, photocopy of her AADHAR card Ex.PW1/3(OSR), schedule of movable and immovable properties of the deceased Ex.PW1/4, photocopy of letter dated 1.4.2000 issued by DDA mark A, photocopy of the registration certificate of vehicle i.e. maruti alto car bearing no.DL 8C NB 4312 mark B, photocopy of agreement to sell dated 30.3.1992 Ex.PW1/5(OSR), photocopy of irrevocable GPA Ex.PW1/6(OSR), photocopy of WILL dated 30.3.1992 PC: 11/2013 4 Of 9 Ex.PW1/7(OSR).

8. Petitioner no.2 has examined herself as PW2, vide her affidavit Ex.PW2/A and relied upon the documents i.e. photocopy of her AADHAR card Ex.PW2/1(OSR) and relied upon the documents relied upon by the petitioner no.1.

9. The petitioners have also examined Shri Ashok Kumar, clerk from the Regional Transport office, Rohini, DTC Depot Complex, Sector 16, Rohini, Delhi as PW3, who had deposed that Ms Lalita Subbu d/o Shri K S Subbu r/o E­35, Oxford Apartments, Plot no.11, Patparganj, Delhi 92 is the registered owner of the alto car bearing registration no. DL 8C NB 4312 till date and the vehicle was registered in their office on dated 14.11.2008 and proved the registration certificate of the vehicle Ex.PW3/A, after seeing the original certificate. Thereafter, the petitioners closed their evidence.

10.I have heard the ld.counsel for the petitioners and perused the record.

11. The counsel for the petitioners has submitted that the petitioners have proved on record that petitioners are the real sisters and Class II legal heirs of the deceased Ms Lalita Subbu, who expired on 23.06.2010, as per the death certificate Ex.PW1/1 and that the deceased Lalita Subbu did not marry in her lifetime and died intestate, leaving behind PC: 11/2013 5 Of 9 immovable property i.e. House no. E­35, Oxford Apartments, Plot no.11, I P Extension, Delhi 92 and movable property i.e. one Maruti Alto LX Car bearing registration no. DL 8C N B 4312 and the said properties were self earned properties of the deceased during her lifetime and there are no encumbrances and liabilities over the same and Ms Saraswati Subbu, who is shown as respondent no.2 is also the real sister of the deceased Ms Lalita Subbu and she has given her no objection in the court on dated 1.5.2013 and the petitioners are the real sisters of the deceased who have filed the present petition for grant of letter of administration of the moveable and immovable properties left behind by the deceased Ms Lalita Subbu and the petitioners and the deceased were the joint and collective owners of the property bearing flat no. E­35, Oxford Apartments, Plot no.11, I P Extension, Delhi 92, which was purchased from Shri M B Mirchandani s/o late Shri Bula Chand S Mirchandani vide agreement to sell Ex.PW1/5, irrevocable GPA Ex.PW1/6 and Shri M B Mirchandani had also executed a WILL Ex.PW1/7 in favour of the deceased Ms Lalita Subbu, both the petitioners namely Ms Indira Balasubramaniam and Renuka Subbu stating that they shall be collectively and jointly entitled to the flat bearing no. E­35, Oxford Apartments, PC: 11/2013 6 Of 9 Plot no.11, I P Extension, Delhi 92 and has prayed for grant of Letter of administration.

12.The petitioners have examined themselves as PW1 and PW2, vide their affidavits Ex. PW1/A and PW2/A and they have reiterated the contents of the petition in their affidavits. They have also placed on record the documents in support of the case.

13.From the testimony of the petitioners, it is proved on the record that the petitioners are the real sisters and Class II legal heirs of the deceased Ms Lalita Subbu and that the deceased Lalita Subbu, who died on 23.6.2010 intestate, as evident from the death certificate Ex.PW1/1 and that the deceased Lalita Subbu did not marry in her lifetime and died intestate, leaving behind immovable property i.e. House no. E­35, Oxford Apartments, Plot no.11, I P Extension, Delhi 92 and movable property i.e. one Maruti Alto LX Car bearing registration no. DL 8C N B 4312 and except the petitioners there is no other legal heir of the deceased Ms Lalita Subbu.The testimony of the petitioners remained unrebutted and unchallenged.

14. According to the WILL dated 30.3.1992 Ex. PW1/7, it is clear that Shri M B Mirchandani had executed a WILL Ex.PW1/7 in favour of the deceased Ms Lalita Subbu, both PC: 11/2013 7 Of 9 the petitioners namely Ms Indira Balasubramaniam and Renuka Subbu stating that they shall be collectively and jointly entitled to the flat bearing no. E­35, Oxford Apartments, Plot no.11, I P Extension, Delhi 92 and from the photocopy of the agreement to sell dated 30.3.1992 Ex.PW1/5 and photocopy of Irrevocable GPA Ex.PW1/6, it is clear that late Shri M B Mirchandani had entered into an agreement to sell and Irrevocable GPA dated 30.3.1992 with the deceased Ms Lalita Subbu and both the petitioners of the flat bearing no. E­35, Oxford Apartments, Plot no.11, I P Extension, Delhi 92 and had sold the said flat to the deceased Ms Lalita Subbu and both the petitioners namely Ms Indira Balasubramaniam and Renuka Subbu and Ms Lalita Subbu has expired on 23.6.2010 intestate and there is no other legal heir of the deceased except the petitioners and the respondent no.2, who has also given the no objection . Accordingly, the petition of the petitioners for grant of letter of administration of the immovable property bearing House no. E­35, Oxford Apartments, Plot no.11, I P Extension, Delhi 92 and movable property i.e. one Maruti Alto LX Car bearing registration no. DL 8C N B 4312 is allowed to the extent of 1/3rd share of the deceased in immovable property. Letter of administration be issued to the PC: 11/2013 8 Of 9 petitioner in respect of the immovable property bearing House no. E­35, Oxford Apartments, Plot no.11, I P Extension, Delhi 92 and movable property i.e. one Maruti Alto LX Car bearing registration no. DL 8C N B 4312, on filing of requisite court fee and administration cum surety bond. It is clarified that the right, title or interest of the party in the above mentioned property has not been decided by this court.

Announced in the open Court on: 02.06.2015 ( Virender Kumar Goyal ) Additional District Judge­01 (East)/KKD/Delhi PC: 11/2013 9 Of 9 PC: 11/2013 10 Of 9