Delhi High Court
Col Anand Prakash Gupta And Ors vs The State & Ors. on 28 September, 2022
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
NEUTRAL CITATION NO: 2022/DHC/004048
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 85/2022
COL ANAND PRAKASH GUPTA AND ORS. ..... Petitioners
Through: Mr.Subhoday Banerjee, Advocate
versus
THE STATE & ORS. ..... Respondent
Through: Mr.Divyam Nandrajog, Panel
Counsel, GNCTD with Mr.Jasmeet
Jolly and Mr.Mohd. Shahid, adv. for
R-1.
Mr.Shashank Khurana, Adv. for
respondents no.2 to 4.
% Date of Decision: 28.09.2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral) CM APPL. 43023/2022 (Exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.
TR.P.(C.) 85/2022
1. The present petition has been filed seeking transfer of the case bearing PC No. 12/2020 titled "Col. Anand Prakash Gupta and others v. The State" pending before the court of learned ADJ - 02, South, Saket TR.P.(C.) 85/2022 Page 1 of 5 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/004048 Courts, New Delhi to this Court. Learned counsel submits that certain properties for which letter of administration has been sought to be issued falls beyond the territorial jurisdiction of the present trial court.
2. The above said petition was filed under Section 278 of the Indian Succession Act, 1925 seeking letter of administration with respect to the Will dated 17.07.2003 left behind by Late Dr.Saroj Gupta
3. In the Will executed by Late Dr.Saroj Gupta, the following movable and immovable properties were bequeathed :
(i) M.I.G Flat First Floor, F-14/D Munirka, New Delhi was bequeathed to Ms. Manika Gupta (Respondent No. 3) and Dr. Suraj Prakash Gupta (Respondent No. 2).
(ii) Plot No. 197, Sector 19, Faridabad, Haryana admeasuring 350 Sq. yards was bequeathed to Mr. Vakul Gupta (Respondent No.4) and Dr. Suraj Prakash Gupta (Respondent No.2).
(iii) Clinic Site C-2, Sector 15-II, Gurgaon, Haryana was bequeathed to Dr. Ajay Gupta (Petitioner No.2).
(iv) All the movable assets as mentioned in the above subheading "MOVABLE PROPERTIES" were to be pooled together and the total proceeds including interest, dividends etc. were to be distributed equally among Dr. Suraj Prakash Gupta (Respondent No.2), Mr. Vakul Gupta (Respondent No. 4), Ms. Manika Gupta (Respondent No.3) and Dr. Ajay Gupta (Petitioner No.2).
(v) Rs. One Lakh (1,00,000/-) each was directed to be given/donated to Lt. Gen. Ved Prakash Gupta (Respondent No. 5), Indraprastha Hindu Girl's Senior Secondary School, Delhi-110006 TR.P.(C.) 85/2022 Page 2 of 5 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/004048 and Rajyoga Education and Research Foundation, Mount Abu, Rajasthan.
4. It has been submitted that the petitioner no.1 has a right to the estate of Dr. Saroj Gupta by virtue of Clause 3(d) and Clause 7 of the Will dated 17.07.2003. It has further been submitted that as per the SDM report, the value of properties mentioned in Dr. Saroj Gupta's Will dated 17.07.2003 exceeded Rs. 10,000/- and thus by virtue of Section 273 (b) of the Indian Succession Act, 1925, the court of learned District Judge is not competent to grant letters of administration with respect to immovable properties situated outside the territorial jurisdiction of the Court.
5. Issue notice. Mr.Divyam Nandrajog, learned counsel accepts notice on behalf of respondent no.1 and Mr.Shashank Khurana, learned counsel accepts notice on behalf respondents no.2 to 4.
6. Section 273 of the Indian Succession Act provides as under:
"273. Conclusiveness of probate or letters of administration.-- Probate or letters of administration shall have effect over all the property and estate, movable or immovable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted:
Provided that probates and letters of administration granted--
(a) by a High Court, or TR.P.(C.) 85/2022 Page 3 of 5 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/004048
(b) by a District Judge, where the deceased at the time of his death had a fixed place of abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property and estate affected beyond the limits of the State does not exceed ten thousand rupees, shall, unless otherwise directed by the grant, have like effect throughout the other States"
7. Proviso to Section 273 of the Indian Succession Act makes it clear that the District Judge can grant a probate and letter of administration if the deceased at the time of his death had a fixed place of abode situated within the jurisdiction of such Judge, and such Judge certifies that the value of property and estate effected beyond the limits of the State does not exceed ten thousand rupees.
8. In this present case, it is an admitted case that the value of the property and the estate effected beyond the limits of the jurisdiction of learned trial court exceeds Rs.10,000/-. Respondents no.1 to 4 have no objection to the transfer of PC No. 12/2020 titled "Col. Anand Prakash Gupta and others v. The State" from the court of Ld. ADJ - 02, South District, Saket Courts to this Court.
9. It has been informed that respondents no.5 and 6 have already been proceeded ex-parte vide order dated 07.02.2022.
10. In view of the submissions made and in view of Section 273 of the Indian Succession Act 1925, PC No. 12/2020 titled "Col. Anand Prakash Gupta and others v. The State" pending before the court of Ld. ADJ - 02, Saket Courts is withdrawn and assigned to this Court.
11. Copy of this order be sent to the learned District Judge, South District, Saket Courts, New Delhi. Copy of the order be also sent to learned TR.P.(C.) 85/2022 Page 4 of 5 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/004048 Registrar General of this court. Learned trial court is directed to send the entire record to this Court.
12. Parties are directed to appear before the learned Registrar General of this Court on 13.10.2022.
13. With the above directions, the present petition is allowed.
DINESH KUMAR SHARMA, J SEPTEMBER 28, 2022 rb TR.P.(C.) 85/2022 Page 5 of 5 This is a digitally signed Judgement.