Delhi District Court
Sh. Akshay Ahuja vs State on 22 October, 2022
IN THE COURT OF SH. AJAY GARG,
ADDITIONAL DISTRICT JUDGE 01,
EAST DISTRICT, KARKARDOOMA COURTS, DELHI
P.C. No.13/21
CNR No. DLET010018852021
In the matter of :
1. Sh. Akshay Ahuja
2. Sh. Alkesh Ahuja
Both S/o
Lt. Ashok Ahuja (Father),
Lt. Kanta Ahuja (Mother),
R/o 179, PocketD, Mayur Vihar, Phase2,
Chilla Saroda Khadar, East Delhi,
Delhi110091
....Petitioners
Versus
1. State, Through Chief Secretary,
Govt. of NCT of Delhi, Players Building,
Delhi Secretariat, New Delhi.
2. State Bank of India (SBI),
Mayur Vihar, Phase2,
Plot No.9, BlockB, Delhi110091.
.........Respondents
Date of Institution : 27.02.2021
Arguments concluded on: 19.10.2022
Order announced on : 22.10.2022
Petition U/s 278 of the Indian Succession Act for Grant of
Letter of Administration.
ORDER
STATUS OF PARTIES : PC No.13/21 Akshay Ahuja & Anr. Vs. State & Anr. Page no.1 of 8
1. Deceased Smt. Kanta Ahuja and Sh. Ashok Ahuja expired on 17.03.2020 and 03.08.2020 respectively (copy of their death certificates are Ex.PW1/2 & Ex.PW1/3 respectively, briefly referred as the 'deceased').
The deceased left behind their classI legal heirs, namely, Sh. Akshay Ahuja/petitioner no.1 (elder son of deceased) and Sh. Alkesh Ahuja/petitioner no.2 (younger son of deceased) PROCEEDINGS:
2. The notice of the petition was issued to the respondents. The respondent no.1/State was duly served by way of publication in the newspaper 'Rashtriya Sahara & The Statesman', in editions dated 12.09.2022 and 10.09.2022 respectively. Respondent no.2 put its appearance through its Manager Mr. Ginish Natarajan.
ESTATE OF DECEASED:
3. Late Smt. Kanta Ahuja and Sh. Ashok Ahuja were maintaining a joint saving bank account bearing No.32597597632 at State Bank of India, Mayur Vihar, PhaseII Branch, Plot No.9, BlockB, Delhi110091 and a joint locker bearing No.597 in the said SBI Bank 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 PC No.13/21 Akshay Ahuja & Anr. Vs. State & Anr. Page no.2 of 8 why, this petition for Letters of Administration in respect of joint Locker No.597 being estate/articles of the deceased.
Respondents no. 2 got duly served and appeared before the Court.
4. An application U/o XXVI Rule 9 read with Section 151 CPC for preparation of inventory of articles lying in joint locker no.597 was filed on 11.10.2022. By virtue of the said application, the petitioner had prayed for appointment of Local Commissioner to visit the Bank and to open the joint locker no.597 at State Bank of India, Mayur Vihar PhaseII Branch, Plot No.9, BlockB, Delhi110091 in order to assess the values of the articles and make inventory of the articles lying therein, in the presence of Govt. Approved Valuer. Vide order dated 11.10.2022, the aforesaid application was allowed and Sh. Ayush Gupta, Advocate was appointed as Local Commissioner, who has filed his report dated 18.10.2022 alongwith Annexures A to G, in the Court, vide which, the following articles were found lying in the said locker : S.NO. GOODS/PARTICULARS QUANTITY (Net)
1. 01 Mala & 02 lockets with stone 20g
2. 2 pair eartops 7.20g
3. 1 pendant 1.30g
4. 1 Mala with stone 11.50g
5. 1 pendant & 2 eartops 7.40g
6. 1 set bangles 32.20g
7. 2 set earrings 6g
8. 1 set earrings 5.56g PC No.13/21 Akshay Ahuja & Anr. Vs. State & Anr. Page no.3 of 8
9. 1 set earrings 12g
10. 1 necklace 9g
11. 1 necklace 20g
12. 1 set earring 3.6g
13. 1 ring 2.5g
14. 2 piece bangles 18g
15. 2 piece bangles 18g
16. 3 rings 10.5g
17. 1 ring with stone 4.3g
18. 2 set earrings 10.92g
19. 2 piece pendant 7g
20. 1 piece Ganesha Pendant 6.5g
21. 2 piece Bangles 21g
22. 1 pendant with chain 16g
23. 1 set earring 5.75g 24 1 pendant with chain 9g
25. 1 necklace set 23g
26. 1 necklace set 30g
27. 3 piece bangles 29g
28. 3 piece bangles 23g
29. 1 coin 1.3g
30. 1 coin 5g
31. 1 coin 10g
32. 1 set earrings 6.5g
33. 2 set earrings 0.8g
34. 1 chain 3.8g
35. 4 rings 10g
36. 1 nosepin 0.3g
37. 2 bangles 33g
38. 1 ring 5g
39. 1 set earring 4.7g PC No.13/21 Akshay Ahuja & Anr. Vs. State & Anr. Page no.4 of 8
40. 1 necklace 10g
41. 1 set earring 6g
42. 1 necklace 23g
43. 1set earring 6g
44. 2 rings 7.85g
45. 4 pair eartops 10g
46. 1 chain 14g
47. 1 pendant 2.4g
48. 1 pendant 2g
49. 1 necklace set 67g
50. 6 bangles 61g
51. 1 chain 32g
52. 1 pair jhumka 7.8g
53. 1 necklace set 53g EVIDENCE:
5. In order to substantiate the case, the petitioner no.1 stepped into witness box as PW1 and tendered his evidence by way of affidavit Ex.PW1/A wherein he reiterated all the averments made in the petition. He has also placed reliance on the following documents:
i) Ex.PW1/1 is copy of his Aadhar card.
ii) Ex.PW1/2 is death certificate of deceased Kanta Ahuja.
iii) Ex.PW1/3 is death certificate of deceased Ashok Ahuja.
iv) Ex.PW1/4 is copy of bank passbook issued by SBI of joint account of deceased.
v) Ex.PW1/5 is copy of letter dated 14.01.2021 issued by SBI Bank.
vi) Ex.PW1/6 is computer generated surviving member PC No.13/21 Akshay Ahuja & Anr. Vs. State & Anr. Page no.5 of 8 certificate.
Vii) Ex.PW1/7 (colly.) is Local Commissioner report dated 18.10.2022.
Sh. Alkesh Ahuja/petitioner no.2 stepped into witness box as PW2 and tendered copy of his Aadhar card as Ex.PW2/1.
6. Thereafter, petitioner's evidence was closed on 19.10.2022 vide separate statement of ld. counsel for petitioner.
No rebuttal evidence has been led by the respondents.
FINDINGS:
7. I have heard Ld. Counsel for the petitioners 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. Petitioners 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 two respondents, however, none came from the general public/ State or joined the proceedings. Therefore, it is noncontentious matter so far general public is concerned.
PC No.13/21 Akshay Ahuja & Anr. Vs. State & Anr. Page no.6 of 8 It is claimed that deceased father and mother of the petitioners were maintaining a joint locker, bearing no.597 at State Bank of India, Mayur Vihar Phase2 Branch, Plot No.9, BlockB, Delhi110091, 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 18.10.2022, by Ld. Local Commissioner. The petitioners are the only surviving legal heirs of the deceased persons and there is no other legal heirs.
The petitioner has proved the death certificate of Smt. Kanta Ahuja and Sh. Ashok Ahuja as Ex.PW1/2 & Ex.PW1/3 respectively and LR's survival certificate of deceased as Ex.PW1/6. The petitioner's evidence has 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 petitioners, qua gold ornaments, as mentioned above, which are lying in the abovesaid joint Locker no.597, 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 Administration, is hereby, allowed and Letters of Administration is accordingly, ordered to be issued in the name of the petitioners, in respect of articles lying in the said joint locker no.597, annexed with the report of Ld. Local Commissioner dated 18.10.2022, maintained by deceased Smt. Kanta Ahuja and Sh. Ashok Ahuja, in the abovesaid State Bank of India.
PC No.13/21 Akshay Ahuja & Anr. Vs. State & Anr. Page no.7 of 8 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 22.10.2022 Additional District Judge01 East/KKD Courts/New Delhi PC No.13/21 Akshay Ahuja & Anr. Vs. State & Anr. Page no.8 of 8