Delhi District Court
Shakuntla vs State And Ors on 17 December, 2024
IN THE COURT OF MS. RICHA GUSAIN SOLANKI,
DISTRICT JUDGE-02, SOUTH-WEST DISTRICT, DWARKA
COURTS, NEW DELHI
PC No. 59/2024
CNR No. DLSW01-008527-2024
IN THE MATTER OF:
1. SHAKUNTLA
W/o Late Sh. Mahender Singh @ Mohinder Singh
Kaloneya @ Mahinder Singh @ Mahindra Singh
R/o H.No.8, Badi Patti, Paprawat,
South -West Delhi, New Delhi-110043. ... Petitioner
vs.
1. The State (NCT of Delhi) ... Respondent No.1
2. The Manager
Punjab and Sindh Bank
Branch - Gole Market,
Bhai Veer Singh Marg,
New Delhi-110001. ... Respondent No. 2
3. Smt. Sarita
D/o Late Sh. Mahender Singh
R/o Pole No. 35, Village Paprawat,
Paprawat, South-West Delhi,
Delhi-110043. ... Respondent No.3
4. Smt. Anju
D/o Late Sh. Mahender Singh
R/o H. No. 96, Gali No.9, A-2 Block,
Near Pepsi Road, Himgiri Enclave, Burari,
North Delhi, New Delhi-110084. ... Respondent No.4
5. Sh. Umesh Kumar
S/o Late Sh. Mahender Singh
R/o H.NO.8, Badi Patti, Paprawat,
South West Delhi, New Delhi-110043. ...Respondent No.5
PC No. 59/24 Shakuntla vs. State & Ors Page No. 1/6
6. Sh. Dharmender Kumar
S/o Late Sh. Mahender Singh,
R/o H.No. 8, Badi Patti, Paprawat,
South West Delhi, 110043 .... Respondent No.6
7. Sh. Satish Kumar
S/o Late Sh. Mahender Singh
R/o H.No. 8, Badi Patti, Paprawat,
South West Delhi, 110043. ... Respondent No.7
8. Sh. Shiv Raj,
S/o Late Sh. Mahender Singh
R/o H.No. 8, Badi Patti, Paprawat,
South West Delhi, 110043. ... Respondent No.8
9. Smt. Shiv Rani
D/o Late Sh. Mahender Singh
R/o A-16, A Block, Dashrathpuri,
South West Delhi, 110045 ... Respondent No.9
Date of institution of the petition 06.09.2024
Date of reserving judgment 17.12.2024
Date of pronouncement of judgment 17.12.2024
JUDGMENT
1. This is a petition under Section 278 of the Indian Succession Act (hereinafter referred as "the Act") seeking the grant of Letter of Administration of the locker of Late Mahender Singh @ Mohinder Singh Kaloneya @ Mahinder Singh @ Mahindra Singh (hereinafter referred as "the deceased")
2. Briefly stated, it is the case of the petitioner that she is the widow of the deceased and respondent Nos.3 to 9 are their children. It is further stated that the deceased passed on 06.04.2021.
3. It is stated that the parents of the deceased had predeceased PC No. 59/24 Shakuntla vs. State & Ors Page No. 2/6 him and thus, the petitioner and respondent No.3 to 9 are his only surviving class-I heirs.
4. It is stated that the deceased had left behind two bank current accounts, one savings account and locker No.424, Locker No.351, Key No.15 with Punjab & Sindh Bank, Gole Market, Bhai Veer Singh Marg, New Delhi-110001.(the locker is hereinafter referred to as "the subject locker")
5. Learned counsel for the petitioner has submitted that the petitioner has already obtained succession certificate in respect of the bank accounts and now only the subject locker remains. Hence, it is prayed that Letter of Administration of the subject locker be granted in favour of the petitioner.
6. Citations were published in The Statesman on 20.09.2024 and in the Veer Arjun on 21.09.2024. A notice was also displayed on the notice board of this Court.
7. No objection was received to the petition from any quarter despite the publication of the citations in the newspapers.
8. Respondent No.3 to 9 appeared before the Court and gave their statements that they had no objection if the petition was allowed.
9. Pursuant to service of notice upon respondent No.2, Ms. Priya, Manager from Punjab & Sindh Bank appeared and filed valuation report as per which the articles lying in the subject locker were valued at ₹25,70,084/-.
10. The petitioner entered the witness box as PW1 and tendered her affidavit Ex PW1/A in evidence and she relied upon the following documents:-
PC No. 59/24 Shakuntla vs. State & Ors Page No. 3/6S.No. Particulars of documents Documents marked as
1. Original death certificate of the deceased Ex PW1/1
2. Copy of the aadhaar card of the petitioner Ex PW1/2 (OSR)
3. Copy of PAN card of the petitioner Ex PW1/3 (OSR)
4. Copy of report of respondent no.2 bank Ex.PW1/4(Colly.)
5. Copy of statement of account pertaining to Mark-A (Colly.) two current bank account and saving bank account
11. On a careful perusal and examination of the record, it is observed that the jurisdiction of this Court has been rightly invoked by the petitioner as the deceased had a fixed place of abode within the territorial jurisdiction of this Court immediately before his death.
12. The letters of administration may be granted to a grantee under Section 218 of the Act. Section 218 provides that where any Hindu person has died intestate, the administration of his estate may be granted to a person who according to the rules, for the distribution of the estate applicable in the case of the deceased would be entitled to the whole or any part of the deceased's estate.
13. Under Section 8 of the Hindu Succession Act read with the Schedule appended to the said Act, the widow, mother and children are the Class- I heirs of a Hindu male.
14. The petitioner has averred that the parents of the deceased had predeceased him. Further, the children of the deceased/ respondent nos.3 to 9 have already recorded their no objection statement before this Court.
Therefore, the petitioner, being the widow of the deceased PC No. 59/24 Shakuntla vs. State & Ors Page No. 4/6 and his class-I heir has rightly invoked the jurisdiction of this Court by preferring the present petition.
15. Section 273 of the Act provides that once a Letter of Administration has been given to a party, it shall have effect over all the properties of the deceased, both movable and immovable. It is however settled position in law that the person to whom a Letter of Administration is granted, does not thereby become entitled to the property or estate of the deceased; the estate will succeed according to the law of succession applicable to the deceased.
16. The purpose of grant of letters of administration is only to enable the administrator so appointed by the Court to collect/assimilate the properties of the deceased and to deal with the various authorities with whom the properties of the deceased may be vested or recorded and thereafter, the same be transferred in the name(s) of the successors in accordance with the law of succession applicable to the deceased.
17. No objections were received to this petition from any quarter despite the publication of citations in two newspapers. Respondent no.3 to 9 have already given their no-objection in favour of the petitioner. Resultantly, this Court observes that there is no impediment to grant the Letter of Administration in favour of the petitioner.
18. Accordingly, the petition is disposed of with directions for issuance of Letter of Administration under the seal of this Court in the Form "Letters Of Administration" set forth in Schedule VII of the Act in favour of the petitioner qua the subject locker PC No. 59/24 Shakuntla vs. State & Ors Page No. 5/6 on her furnishing:
(a) ad-valorem court fees on the value reported by the bank,
(b) an administration bond with one surety of like amount.
(c) filing within six months from the grant of the Letter of Administration an inventory as prescribed in Section 317 of the Act and similarly, filing an account of the estate within one year from the grant.
19. File be consigned to record room only after due completion and necessary action, as per Rules.
Digitally signed by RICHA RICHA GUSAIN
GUSAIN SOLANKI
Date: 2024.12.17
SOLANKI 16:33:51 +0530
Announced in open Court today (Richa Gusain Solanki)
th
on 17 December 2024 District Judge-02, South-West
Dwarka Courts: New Delhi
PC No. 59/24 Shakuntla vs. State & Ors Page No. 6/6