Delhi High Court
Swarn Utreja & Ors. vs State (Govt. Of Nct Of Delhi) on 20 December, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision:- 20.12.2023
+ TEST.CAS. 47/2022
SWARN UTREJA & ORS.
..... Petitioner
Through: Mr. Akhil Sachar and Ms. Sunanda
Tulsyan, Advs.
versus
STATE (GOVT. OF NCT OF DELHI)
..... Respondent
Through:
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J(ORAL)
1. The present petition under Section 278 of the Indian Succession Act, 1925 seeks grant of letters of administration in respect of the estate of late Shri Ashok Verma who has expired on 23.06.2019.
2. It is the case of the petitioners that late Shri Ashok Verma died issueless and even his wife-Smt Asha Verma had pre-deceased him, having expired on 08.06.2017. It is, therefore, claimed that late Shri Ashok Verma did not have any Class-I legal heir and it is only the three petitioners being his siblings are his Class-II legal heirs who are entitled to succeed to his estate.
3. Vide order dated 20.05.2022, notice was issued in the present petition, when citations were directed to be published in 'the Statesman' (English Edition) and the 'Navbharat Times' (Hindi Edition). The said citations were Signature Not Verified Digitally Signed TEST.CAS. 47/2022 Page 1 of 8 By:GARIMA MADAN Signing Date:21.12.2023 15:44:33 duly published on 01.09.2022 but till date, no objections from any member of the public have been received.
4. In support of their case, the petitioners have examined petitioner no.
1-Ms Swarn Utreja as PW-1, who has tendered her evidence by way of affidavit on 21.11.2023. Apart from reiterating the averments made in the petition, she has not only proved the death certificate of late Shri Ashok Verma but has also proved various other documents pertaining to the movable and immovable assets owned by him, which have been exhibited as Ex. PW1/1 to Ex. PW1/29.
5. It is claimed by the petitioners that late Shri Ashok Verma owned two immovable properties, both admeasuring 25.9 square meters, being property bearing no. G-1/94, Ground Floor, Sector-16, Rohini, New Delhi-110089 and property bearing no. G-1/95, Ground Floor, Sector-16, Rohini, New Delhi-110089. The petitioners have proved the sale deeds executed in respect of the aforesaid two properties in favour of late Shri Ashok Verma as Ex. PW1/5 and Ex. PW1/6. The petitioners have also proved and exhibited as Ex. PW1/12- Ex.PW1/27, documents to show that besides holding two postal accounts with his wife, late Shri Ashok Verma was holding seven bank accounts including fixed deposits. The details of the movable and immovable assets left behind by late Shri Ashok Verma have been set out in Schedule-I, which was duly exhibited as Ex. PW1/7 during evidence and are for the sake of clarity, noted herein below:
"SCHEDULE -1 ESTATE OF LATE SHRI ASHOK VERMA A. IMMOVABLE PROPERTIES:Signature Not Verified Digitally Signed TEST.CAS. 47/2022 Page 2 of 8 By:GARIMA MADAN Signing Date:21.12.2023 15:44:33
Sr. No. Property Built Up Status Ownership Valuation(Rs.) area
1. G-1/94 25.90 Unsold 100% 30,00,000 G.F. Sec- Sq.Mts 16 Rohini Delhi-
110089
2. G-1/95 25.90 Unsold 100% 30,00,000 G.F. Sec- Sq.Mts 16 Rohini Delhi-
B. MOVABLE PROPERTIES:
a. Postal Bank Account S.No. Particulars Details
1. Name Ashok Verma and Asha Verma
2. Scheme S/B (General)
3. Account No. 7965156491
4. CIF ID 722362421
5. Account Open Date 16.03.2011
6. Nomination Registered No.
7. Mode of Operation Joint
8. Address of Bank Rohini, Sector-15, Post Office,Delhi-110 089.
9. Amount as on 31.03.2021 Rs.5726/-
Monthly income scheme
1. Name Ashok Verma and Asha Verma
2. Account Number 7965244320
3. CIF 722339557
4. Amount 1,20,000 (In Rs)
5. Date of Opening 21/25.08.2014 Signature Not Verified Digitally Signed TEST.CAS. 47/2022 Page 3 of 8 By:GARIMA MADAN Signing Date:21.12.2023 15:44:33 b. SAVINGS BANK ACCOUNT S.No. Bank and Branch Account no. Amount (In Name Rs.)
1. Axis Bank GP- 40010100057318 1,62,491.63 02,Maurya Enclave, Pitam Pura, Near Gopal Mandir,Delhi-
110088
2. Canara Bank, 2758101001988 1,620 Manav Chowk, Sector 15 Branch,Rohini, Delhi-110089
3. Central Bank of 30822992859 77,060.12 India, DDA, Madhuban Chowk, Sector-14, Rohini,Delhi-
110085
4. ICICI Bank, H- 84201500675 67,336.00 3/24, Upper Ground Floor, Sector-
18,Rohini, Delhi-
110088
5. Nainital Bank, Jain 732000000002148 4,976.00 Bharti Model School E Block Sector -16 Rohini Delhi-85
6. Punjab National 3028000100018166 1,05,967.64 Bank, Sector-7, Rohini, Naharpur,110085
7. State Bank of India, 57006861745 1,32,341.00 Signature Not Verified Digitally Signed TEST.CAS. 47/2022 Page 4 of 8 By:GARIMA MADAN Signing Date:21.12.2023 15:44:33 Sector-7,Rohini ,Naharpur,11008 Total Rs. 5,51,792.72 c. FIXED DEPOSITS
1. Axis Bank S.No. Fd. No. Amount (In Rs.)
1. 9150400537-92717 2,85,479.00
2. 9160400536-61348 4,71,707.00 Total Rs. 7,57,186/-
2. Canara Bank S.No. Fd. No. Amount (In Rs.)
1. KL-609584 27,491
2. KL-609585 1,35,976
3. KK-206029 4,44,578
4. KF-967201 2,65,351
5. KL-009523 58,952
6. KJ-568933 26,239
7. KI-009643 82,801 Total Amount- Rs.10,41,388/-
3. Central Bank of India S.No. Fd. No. Amount (In Rs.)
1. N-592357 86,378
2. N-592694 4,95,235
3. N-592693 4,72,200 Total Amount - Rs.10,53,813/-
4. ICICI Bank S.No. Fd. No. Amount (In Rs.)
1. 84213003418 3,32,324.00
2. 84213002547 56,202.00
3. 84213002858 2,32,044.00 Total Amount Rs.6,20,570/-
Signature Not Verified Digitally Signed TEST.CAS. 47/2022 Page 5 of 8 By:GARIMA MADAN Signing Date:21.12.2023 15:44:335. Nainital Bank S.No. Fd. No. Amount (In Rs.)
1. 3507330 50,241
2. 35010309 1,33,207
3. 35011027 61,993
4. 3509037 62,587
5. 3506700 5,69,763
6. 310108 1,00,000
7. 35011580 36,637 Total Amount Rs. 10,14,428/-
6. Punjab National Bank S.No. Fd. No. Amount (In Rs.)
1. 302800DM00000705 50,000
2. 302800PM00000772 50,000
3. 302800D100000729 3,92,391
4. 302800PU00146122 1,39,703
5. 302800PU00035345 2,10,245
6. 302800DA00016391 1,04,448
7. 302800PU00011716 7,10,627
8. 302800SCSS000281 9,00,000 Total Amount Rs. 25,57,414/-
7. State Bank of India S.No. Fd. No. Amount (In Rs.)
1. 3507330 50,241
2. 35010309 1,33,207
3. 35011027 61,993 Total Amount Rs. 9, 73, 647/-
Signature Not Verified Digitally Signed TEST.CAS. 47/2022 Page 6 of 8 By:GARIMA MADAN Signing Date:21.12.2023 15:44:33Total amount in Fixed Deposits in Banks S. No. Bank Deposits (Fixed Amount (In Rs.) Deposits)
1. Axis Bank 7,57,186
2. Canara Bank 10,41,388
3. Central Bank of India 10,53,813
4. ICICI Bank 6,20,570
5. Nainital Bank 10,14,428
6. Punjab National Bank 25,57,414
7. State Bank of India 9,73,647 total Rs. 80,18,446/-
6. In the light of the aforesaid and taking into account that late Shri Ashok Verma had no Class-I legal heir, I am of the view that the petitioners have been able to prove that they, being Class-II legal heirs, have an interest in the estate of late Shri Ashok Verma and are, therefore, entitled to grant of Letters of Administration in their favour. The petition is, therefore, allowed by directing that subject to the petitioners filing the requisite court fee and an administration bond to the satisfaction of the learned Registrar General of this Court, Letters of Administration qua the estate of late Shri Ashok Verma be granted in favour of the petitioners, for which purpose, the matter be listed before the learned Registrar General of this Court on 23.01.2024.
7. Taking into account that the petitioners are the only three Class-II Signature Not Verified Digitally Signed TEST.CAS. 47/2022 Page 7 of 8 By:GARIMA MADAN Signing Date:21.12.2023 15:44:33 legal heirs of late Shri Ashok Verma, who are entitled to inherit his estate and there being no Class-I legal heir as noted hereinabove, they are exempted from furnishing any surety bond.
8. The petitioners are granted liberty to apply, as per law, for return of the original documents filed with the petition.
9. The petition stands disposed of in the aforesaid terms.
(REKHA PALLI) JUDGE DECEMBER 20, 2023 acm Signature Not Verified Digitally Signed TEST.CAS. 47/2022 Page 8 of 8 By:GARIMA MADAN Signing Date:21.12.2023 15:44:33