Delhi District Court
Smt. Seema Sharma vs State & Others on 18 April, 2011
IN THE COURT OF SHRI ARUN BHARDWAJ, ADJ:
SOUTH WEST: NEW DELHI
P.C No. 13/10
In the matter of :-
1. Smt. Seema Sharma
Wife of Late Shri Vijay Sharma
2. Priya ( Daughter)
age 11 years
Through her mother
Smt. Seema Sharma
3. Priyam @ Purav (son)
age 6 years
Through his mother
Smt. Seema Sharma
All resident of LIG 443
Pocket-I, Phase-II, Dwarka
New Delhi-75
...Petitioners
Versus
State & Others
...Respondents
Filed on : 04.05.2010
Reserved on : 13.04.2011
Decided on : 18.04.2011
JUDGMENT :-
1. This is an application for grant of letters of administration of the estate of late Sh. Vijay Sharma.
2. Petitioner No. 1 is the widow of late Sh. Vijay Sharma and petitioner no. 2 and 3 are the minor children of late Sh. Vijay Sharma. It is stated that the ordinary place of residence of the P.C No. 13/10 Page 1/3 deceased at the time of his death was at Tanglooma Island Restors, PO box, Eagle Farm Qld 4009 and he expired on 24.03.2009.
3. The deceased during his life time had purchased house No. LIG 443, Pocket-1, Phase-II, Sector-14, DDA Flats, Dwarka, New Delhi.
4. It is stated in the application that the deceased is survived by his widow and two minor children who are petitioners in this application. The deceased is also survived by his parents Smt. Bimla Devi and Sh. Krishan Dutt Sharma.
5. Notice of this petition was published in newspapers 'Hindu' and 'Veer Arjun' and notice was also issued to the parents of the deceased. No objection was received from any quarter to the grant of letter of administration in favour of the petitioner.
6. The father of the deceased appeared in the court and his statement was recorded where he stated that he has no objection in case letter of administration is granted in favour of petitioners. Similarly an affidavit was filed on behalf of mother of deceased that she has no objection to the grant of letter of administration in favour of petitioners.
7. Collector has filed the valuation report.
8. Petitioner no. 1 has proved death certificate of the deceased as Ex.PW1/1, her election I card as Ex.PW1/2, birth certificates of petitioner no. 2 and 3 as Mark 'A' and 'B' and title documents of property in question as Ex.PW1/3 collectively.
P.C No. 13/10 Page 2/39. The petition being uncontested and there being no objection from class one legal heirs or from general public, the petition is allowed.
10. Let letter of administration as prayed be granted to the petitioners with regard to flat no. LIG 443, Pocket-I, Phase-II, DDA Flats, Sector-14, Dwarka, New Delhi-75 after petitioners fulfill the required formalities by filing administration cum surety bond.
11. File be consigned to record room with liberty to petitioners to revive the same for completion of formalities.
12. It is made clear that nothing stated in this order shall tantamount to any observation on the title of deceased over property in question.
13. It is also made clear that as petitioner no.2 and 3 are minors, petitioner no. 1 will not sell the suit property till the time petitioner no. 2 and 3 attain the age of majority and in the event of necessity the same can only be sold with the permission of the court.
Announced in the open Court on the day of 18th April, 2011 (ARUN BHARDWAJ) ADDL. DISTRICT JUDGE DWARKA COURTS: NEW DELHI P.C No. 13/10 Page 3/3