Delhi District Court
Nidhi Gupta vs State (Govt. Of Nct Of Delhi) on 23 September, 2022
IN THE COURT OF SH. AJAY GARG,
ADDITIONAL DISTRICT JUDGE 01,
EAST DISTRICT, KARKARDOOMA COURTS, DELHI
P.C. No.35/21
In the matter of :
Nidhi Gupta
W/o Late Sh. Mukesh Gupta,
R/o 110, Chitra Vihar, East Delhi,
Delhi110092
WhatsApp No.9810037237
Email: [email protected]
........Petitioner
Versus
1. State (Govt. of NCT of Delhi)
Through Chief Secretary,
Players Building, Delhi Secretariat,
New Delhi.
2. Mitali Gupta (daughter)
D/o Late Sh. Mukesh Gupta,
R/o 110, Scope Mina Chitra Vihar,
Shakarpur, East Delhi, Delhi110092
WhatsApp No.9958831130.
Email: [email protected]
3. Prateek Gupta (son)
S/o Late Sh. Mukesh Gupta
R/o 110, Chitra Vihar, Vikas Marg,
East Delhi, Delhi110092.
WhatsApp No.8826029020
Email: [email protected]
4. Ms. Jyoti Gupta (sisterinlaw)
W/o Late Sh. Tarun Gupta,
R/o 110, Scope Minar Chitra Vihar,
East Delhi, Delhi110092
WhatsAPP No.9899301294.
5. Pratham Gupta (Nephew)
S/o Late Sh. Tarun Gupta,
R/o 110, Chitra Vihar, Vikas Marg,
PC No.35/21 Nidhi Gupta Vs. State (Govt. of NCT of Delhi) & Ors. Page no.1of8
East Delhi, Delhi110092
WhatsApp No.9971536105
6. Maheshwar Dayal Gupta,
S/o Late Sh. Iswar Dayal Gupta,
R/o 110, Chitra Vihar, Vikas Marg,
Delhi110092
.........Respondents
Date of Institution : 02.09.2021
Order reserved on : Not reserved
Order announced on: 23.09.2022
Petition U/s 278 of the Indian Succession Act for Grant of
Letter of Administration.
ORDER
STATUS OF PARTIES :
1. Deceased Late Sh. Mukesh Gupta was lastly residing at 110, Chitra Vihar, Vikas Marg, Anand Vihar, East Delhi, New Delhi110092. He expired on 01.05.2021 in Paras Hospital, situated at plot no.130, Sector 4, Vaishali, Ghaziabad, Uttar Pradesh (copy of his death certificate is Ex.PW1/3, briefly referred as the 'deceased').
The deceased left behind his classI legal heirs, namely, Smt. Nidhi Gupta/petitioner (wife of deceased), Ms. Mitali Gupta/respondent no.2 (daughter of deceased), Mr. Prateek Gupta/respondent no.3 (son of deceased), Ms. Jyoti Gupta/respondent no.4 (sisterinlaw of deceased and wife of Late Sh. Tarun Gupta), Mr. Pratham Gupta/respondent no.5 (nephew of deceased and son of Late Sh. Tarun Gupta) and Sh. Maheswar Dayal Gupta/respondent no.6 (father of deceased Mukesh Gupta).
PC No.35/21 Nidhi Gupta Vs. State (Govt. of NCT of Delhi) & Ors. Page no.2of8 PROCEEDINGS:
2. The notice of the petition was issued to the respondents. The respondent/State was duly served by way of publication in the newspaper 'Rashtriya Sahara' and 'The Statesman', in editions dated 19.10.2021 and 19.10.2021 respectively. Respondent nos. 2 to 5 put their appearance through their counsel and filed their separate no objections. Separate statement of respondents no. 2 to 5 were also recorded with regard to no objection, if letter of administration granted in the favour of the petitioner in respect of articles lying in joint locker of deceased Mukesh Gupta and Sh. Tarun Gupta bearing locker no.121, Axis Bank, C58, Basement & Ground Floor, Preet Vihar, Main Vikas Marg, New Delhi110092 and the amount lying in the savings account of deceased Mukesh Gupta.
Thereafter, an application under Order I Rule 10 CPC was filed by the petitioner for impleadment of Sh. Maheshwar Dayal Gupta as respondent no.6 in the present matter and the same was allowed vide order dated 23.09.2022 and Sh. Maheshwar Dayal Gupta was impleaded as respondent no.6 in the present matter. He also filed an affidavit regarding no objection in respect of grant of letter of administration. Separate statement of respondent no.6 was also recorded in this regard.
ESTATE OF DECEASED:
3. Late Sh. Mukesh Gupta and Sh. Tarun Gupta were maintaining a joint bank locker bearing no.121 with Axis Bank, C PC No.35/21 Nidhi Gupta Vs. State (Govt. of NCT of Delhi) & Ors. Page no.3of8 58, Basement & Ground Floor, Preet Vihar, Main Vikas Marg, New Delhi110092 and it contains valuables (hereinafter referred to as the 'estate/articles'), for which the present petition is filed.
The Bank with which the locker of the deceased is lying is within the territorial jurisdiction of this Court. That is why, this petition for Letters of Administration in respect of joint Locker No.121 being estate/articles of the deceased.
Respondents no. 2 to 5 got duly served and they appeared before the Court. Vide separate statement dated 12.09.2022, respondent nos. 2 to 5 have given their noobjection, if the Letters of Administration is granted in favour of petitioner in respect of joint Locker no.121 and the amount lying in the savings account of deceased Mukesh Gupta is also given to the petitioner Smt. Nidhi Gupta. Thereafter, respondent no.6 was impleaded as respondent in the present matter vide order dated 23.09.2022 and on the same day, respondent no.6 also given no objection in this regard.
4. An application U/o XXVI Rule 9 CPC for preparation of inventory of articles lying in joint locker no.121 was filed on 02.09.2022. By virtue of the said application, the petitioner had prayed for the appointment of Local Commissioner to visit the Bank and to open the joint locker no.121 at Axis Bank, Preet Vihar, Main Vikas Marg, New Delhi92 in order to assess the values of the articles and make inventory of the articles lying therein, in the presence of Govt. Approved Valuer and vide order dated 02.09.2022, the aforesaid application was allowed and Sh. Tushar PC No.35/21 Nidhi Gupta Vs. State (Govt. of NCT of Delhi) & Ors. Page no.4of8 Gupta, Advocate was appointed as Local Commissioner, who has filed his report dated 12.09.2022 alongwith Annexures A to C, in the Court, vide which, the following articles were found lying in the said locker : S.NO. GOODS/PARTICULARS QUANTITY (Net)
1.) 10 Bangles with meena and lakh 160g
2.) 2 set with stone 100g
3.) 7 rings 30g
4.) 1 Bracelet 31.480g
5.) Miscl. Jewellery with stones 50g
6.) 3 gold ginni 19.960g
7.) Silver coin 2000g
8.) Silver jewellery 1175g
9.) 1 gold coin 1g
10.) 1 gold set - 3 pieces 17.900g
11.) Gold coins 18 pieces 67g
12.) One jadao set with stones and dori 30g
13.) Cash Rs.7,00,000/ EVIDENCE:
5. In order to substantiate the case, the petitioner herself stepped into witness box as PW1 and tendered her evidence by way of affidavit Ex.PW1/A wherein she reiterated all the averments made in the petition. She has also placed reliance on the following documents:
i) Ex.PW1/1 is copy of statement of account for the period between 01.04.2018 & 31.03.2019.
ii) Ex.PW1/2 is copy of death certificate of deceased Tarun PC No.35/21 Nidhi Gupta Vs. State (Govt. of NCT of Delhi) & Ors. Page no.5of8 Gupta.
iii) Ex.PW1/3 is copy of death certificate of deceased Mukesh Gupta.
iv) Ex.PW1/4 is copy of death certificate of Smt. Shanti Gupta.
PW2 Sh. Subham Kumar, Deputy Manager, Axis Bank, Preet Vihar Branch was a summoned witness who tendered certified copy of locker agreement dated 26.09.2001 as Ex.PW2/1 and statement of savings account of deceased Mukesh Gupta as Ex.PW2/2.
6. Thereafter, petitioner's evidence was closed on 02.09.2022 vide separate statement of petitioner.
No rebuttal evidence has been led by the respondents.
FINDINGS:
7. I have heard Ld. Counsel for the petitioner and perused the material available on record and also considered submissions, made by him.
8. His contentions are assessed in the light of features of the case and statutory provisions under Section 278 of Indian Succession Act, 1925. Petitioner/PW1 has deposed on the lines of petition, while reiterating the facts and documentary record, which has already been narrated in the paragraphs of status of parties and estate of the deceased above.
There are six respondents, however, none came from PC No.35/21 Nidhi Gupta Vs. State (Govt. of NCT of Delhi) & Ors. Page no.6of8 the general public/ State or joined the proceedings. Therefore, it is noncontentious matter so far general public is concerned.
It is claimed that deceased husband of the petitioner was maintaining a joint locker, bearing no.121 lying in Axis Bank, C58, Basement & Ground Floor, Preet Vihar, Main Vikas Marg, New Delhi92, which was inspected by Ld. Local Commissioner and abovementioned ornaments/articles were found in the said locker, as mentioned in Annexure B submitted with the report dated 12.09.2022, by Ld. Local Commissioner. The petitioner and respondent nos. 2 to 6 are the only surviving legal heirs of the deceased persons and there is no other legal heirs.
Hence, statement regarding noobjection of all the respondents, if Letter of Administration is granted in favour of the petitioner in respect of joint locker no.121 and the amount lying in the savings accounts of deceased Mukesh Gupta has already been recorded. Further, petitioner has proved the death certificate of Sh. Tarun Gupta and Sh. Mukesh Gupta as Ex.PW1/2 & Ex.PW1/3 respectively and LR's survival certificate of deceased Tarun Gupta and Sh. Mukesh Gupta. The petitioner's evidence and statement of respondent nos. 2 to 6 have gone unrebutted, uncontroverted, unimpeached and unshaken and same is relied upon and there is no impediment in issuing Letters of Administration in favour of the petitioner, qua gold ornaments, as mentioned above, which are lying in the abovesaid joint Locker no.121, as prayed for.
9. In view of above discussion, the petition filed by the petitioner, U/s 278 of Indian Succession Act, for grant of Letters of PC No.35/21 Nidhi Gupta Vs. State (Govt. of NCT of Delhi) & Ors. Page no.7of8 Administration, is hereby, allowed and Letters of Administration is accordingly, ordered to be issued in the name of the petitioner, in respect of articles lying in the said locker no.121, annexed with the report of Ld. Local Commissioner dated 12.09.2022, maintained by deceased Mukesh Gupta and Tarun Gupta, in the Axis Bank, C58, Basement & Ground Floor, Preet Vihar, Main Vikas Marg, New Delhi92 and the amount lying the savings account of deceased Mukesh Gupta.
However, Letter of Administration will be issued on prescribed form VII but it would be subject to (I) filing of appropriate Court Fee; (ii) Administration Bond, within 1½ months from today and subsequently, (iii) they will furnish full and true inventory of the said property and credits and exhibit the same in the Court within six months from the date of grant of Certificate on prescribed Form No. 178 and (iv) to render true account of said property and credits within one year on prescribed From No.179.
Accordingly, the petition stands disposed of. File be consigned to the record room.
Pronounced in the open Court (AJAY GARG)
on 23.09.2022 Additional District Judge01
East/KKD Courts/New Delhi
PC No.35/21 Nidhi Gupta Vs. State (Govt. of NCT of Delhi) & Ors. Page no.8of8