Delhi District Court
Rajesh Sharma vs . State & Ors. on 6 February, 2019
Digitally
signed by
AJAY GULATI
AJAY Date:
GULATI 2019.02.06
16:00:10
+0530
Rajesh Sharma vs. State & Ors.
IN THE COURT OF DR. AJAY GULATI, ADDL. DISTRICT JUDGE,
ROOM NO. 606, SAKET COURTS, SOUTH DISTRICT,
NEW DELHI
In the matter of
PC No.5822/2016
Filing No. 1325/2014
CNR No. DLST010000552014
Rajesh Sharma
S/o Late Sh. Madan Mohan Sharma
R/o 10/25, Ward No.1, Near Yogmaya Mandir,
Mehrauli, New Delhi110 030
................Petitioner
Versus
1. The State
2. Omwati
W/o Late Arun Kumar Sharma
3. Vaishali Bhargava
D/o Late Sh. Arun Kumar Sharma
4. Priyanka Sharma
D/o Late Sh. Arun Kumar Sharma
5. Nikhil Sharma
D/o Late Sh. Arun Kumar Sharma
6. Akhil Sharma
D/o Late Sh. Arun Kumar Sharam
All
R/o 10/25, Ward No.1, Near Yogmaya Mandir,
Mehrauli, New Delhi110 030
7. Saroj Bala
W/o Late Sh. Brahm Saroop Sharma
D/o Late Sh. Brij Mohan Sharma
PC No.5822/2016 Page 1 of 10
Rajesh Sharma vs. State & Ors.
R/o 244/2, Meharuli, New Delhi110 030
8. Renu Bala
W/o Sh. Ajay Kaushik
D/o Late Sh. Brij Mohan Sharma
R/o 4/117, Bazar Gali Sarwaria Market,
Vishwas Nagar, Shahdara, Delhi
9. Shanti Devi
W/o Late Sh. Jagmohan Lal Sharma
R/o 10/25, Ward No.1, Near Yogmaya Mandir,
Mehrauli, New Delhi110 030
10. Indu Bala
W/o Sh. Kuldeep Sharma
D/o Late Sh. Jagmohan Sharma
R/o 343, Jawahar Nagar, Near Dr. Lal Clinic,
Gurgaon, Haryana
.............Respondents
Date of Institution : 17.01.2014
Date of reserving the judgment: 06.02.2019
Date of pronouncement : 06.02.2019
Decision : Dismissed
PETITION FOR GRANT OF LETTER OF ADMINISTRATION/PROBATE
UNDER SECTION 278 OF THE INDIAN SUCCESSION ACT,XXXIX OF
1925 FOR THE ESTATE OF LATE SARLA DEVI WIFE OF LATE
RADHEY MOHAN LAL INHERITED BY HER FROM THE ESTATE OF
SMT. BHAGWAN DEI
JUDGMENT
1. The present petition was filed by Rajesh Sharma under PC No.5822/2016 Page 2 of 10 Rajesh Sharma vs. State & Ors.
Section 278 of the Indian Succession Act for grant of letter of administration in respect of the immovable properties of the deceased Smt. Sarla Devi, W/o Late Sh. Radhey Mohan Lal inherited by her (Sarla Devi) from Smt. Bhagwan Dei in his favour being the legal heir of Smt. Sarla Devi.
BRIEF FACTS
2. It was averred in the petition that the petitioner is the adopted son of Late Smt. Vidyawati and Late Sh. Madan Mohan Sharma. Late Sh. Madan Mohan Sharma along with his other three brothers namely Radhey Mohan, Brij Mohan and Jagmohan inherited in equal shares the immovable properties owned by their father Sh. Attar Singh, who died on 25.12.1947. Sh. Madan Mohan Sharma, eldest of four brothers, married twice and after his death on 19.03.1949, his estate devolved upon his two wives i.e. Smt. Bhagwan Dei and Smt. Vidyawati who succeeded to 1/8th share each. Smt. Bhagwan Dei, who expired issueless on 10.08.1982, executed a registered Will in favour of her brotherinlaw Sh. Radhey Mohan Lal. Sh. Radhey Mohan Lal expired intestate and issueless, on 04.02.1987 and all his property was inherited by PC No.5822/2016 Page 3 of 10 Rajesh Sharma vs. State & Ors.
his wife Smt. Sarla Devi.
3. It was further averred that vide judgment dated 27.06.2002 passed by Sh. G. P. Mittal, the then ADJ, Delhi Court granted a letter of administration to Smt. Sarla Devi in respect of the Will executed by Smt. Bhagwan Dei in favour of Sh. Radhey Mohan Lal. Thereafter, Smt. Sarla Devi died issueless on 19.07.2012, leaving behind petitioner and respondent No.2 to 10 as her legal heirs. It was also averred that petitioner as nephew of Late Radhey Mohan Lal and Late Smt. Sarla Devi and being her classII legal heir is entitled to the letter of administration to her estate; that this court has territorial jurisdiction to try and entertain the present petition as the properties in question are situated within the territorial jurisdiction of this Court and the deceased was ordinarily resident of Delhi at the time of her death. Consequently, the present petition, for grant of Letter of Administration in respect of the estate of Sarla Devi, was filed by the petitioner being a ClassII legal heir of Late Smt. Sarla Devi.
ESTATE OF LATE SMT. SARLA DEVI
1. Property bearing No.10/25, Yogmaya Mandir, Village Mehrauli, New Delhi measuring 150 sq. yds consisting of PC No.5822/2016 Page 4 of 10 Rajesh Sharma vs. State & Ors.
ground floor and first floor and property bearing No.10/10C, Yogmaya Mandir, Village Mehrauli, New Delhi measuring 60 sq./ yds consisting ground floor, tin shed on first floor in Yogmaya Mandir, Village Mehrauli, New Delhi situated in Khasra No.1801 (old) and 1475 (New) measuring 11 bighas 6 Biswa, Village Mehrauli, New Delhi.
2. Agricultural land pertaining to Village Mehrauli, New Delhi as under:
Sr. No. Khasra No. Total Area Share of deceased 2.1. 1790 2 bigha 6 biswas 1/8th 2.2. 1795 10 bigha 1/8th 2.3. 1796 7 bigha 10 biswas 1/8th 2.4. 1802 16 biswa 1/24th 2.5. 1803 16 biswa 1/24th 2.6. 1804 14 biswa 1/24th 2.7. 1805 14 biswa 1/24th 2.8. 1806/2031 6 bigha 11 biswa 1/24th 2.9. 1773 36 bighas 1/12th 2.10 1784 12 bighas 8 biswa 1/12th 2.11 1789 20 bighas 8 biswa 1/12th 2.12 1791 15 bighas 19 biswa 1/12th 2.13 1798 56 bighas 19 biswa 1/12th 2.14 1800 4 bighas 17 biswa 1/12th 2.15 1785 7 biswa 1/12th 2.16 1787 2 bighas 15 biswa 1/12th 2.17 1788 20 bighas 1/12th PC No.5822/2016 Page 5 of 10 Rajesh Sharma vs. State & Ors.
4. It is pertinent to mention here that vide order dated 21.02.2014, Learned Predecessor Judge allowed the application of the petitioner moved under Order VI Rule 17 of the Code of Civil Procedure, 1908 whereby petitioner was allowed to amend annexureC i.e. list of immovable properties of Late Smt. Sarla Devi and to confine his right to 1/8th share of Late Smt. Sarla Devi in two houses bearing No.10/25, measuring 150 sq. yds consisting of ground floor and first floor in Yogmaya Mandir, Village Mehrauli, New Delhi and House No.10/10C, measuring 60 sq./ yds consisting ground floor, tin shed on first floor in Yogmaya Mandir, Village Mehrauli, New Delhi situated in Khasra No.1801 (old) and 1475 (New), Village Mehrauli, New Delhi.
5. Despite publication of citation in the newspaper "The Statesman" dated 17.02.2014, none appeared from the general public/ State to join the proceedings.
6. Valuation reports of the immovable properties and agricultural land in question were submitted by the office of concerned SDM and petitioner, respectively.
7. On service of notice of the petition, respondent No.2 to 10 appeared in the court through their counsel Sh. Randhir Singh and filed their Written Statement/No Objection to the PC No.5822/2016 Page 6 of 10 Rajesh Sharma vs. State & Ors.
present petition being allowed.
8. During the course of proceedings, an application under Order XXII Rule 4 of the Code of Civil Procedure, 1908 moved on behalf of the petitioner for deletion of name of respondent No.9 Shanti Devi (on account of her death) was allowed. Legal Heir of respondent No.9 was already on record as respondent No.10 Indu Bala.
EVIDENCE ADDUCED
9. Since the present petition had become noncontentious due to nonappearance of any member of the general public to contest the same as well as joint 'noobjection' filed by the respondent No.2 to 10 whereby claim of the petitioner was acknowledged, no formal issues were required to be framed. Petitioner was given opportunity to lead evidence to prove the claim made in the petition.
10. Consequently, petitioner in order to prove his case, examined himself as PW1 by tendering his evidence by way of affidavit A1 and further relied on the following documents:
1. Death certificate of Smt. Sarla Devi as Ex.PW1/1;PC No.5822/2016 Page 7 of 10
Rajesh Sharma vs. State & Ors.
2. Death certificate of Radhey Mohan Lal as Ex.PW1/2;
3. Death certificate of Brij Mohan as Ex.PW1/2A;
4. Death certificate of Jag Mohan as Ex.PW1/2B; and
5. Certified copy of the order dated 27.06.2002 of probate granted in favour of Smt. Sarla Devi as Ex.PW1/3.
No other witness was examined by the petitioner.
FINDINGS
11. I have heard the arguments advanced by the Learned counsel for the petitioner and have minutely gone through the record and the evidence adduced by the petitioner. The present case became noncontentious, as already observed.
12. The averments made in the petition by the petitioner virtually remained unrebutted and unchallenged. No counter evidence has been led by the State/General Public due to non appearance. Other respondent i.e. respondent No.2 to 10 have already filed their no objection to the present petition. The PC No.5822/2016 Page 8 of 10 Rajesh Sharma vs. State & Ors.
testimony of PW1 remained unrebutted. However, the question which now arises for consideration is whether the estate in respect of which letter of administration has been sought by the petitioner in the present petition, was the same estate in regard to which a letter of administration in respect of the Will executed by Smt. Bhagwan Dei in favour of Sh. Radhey Mohan Lal, was granted in favour of Smt. Sarla Devi? Vide the judgment dated 27.06.2002 passed by Sh. G. P. Mittal, the then ADJ, Tis Hazari, Court, petition for grant of letters of administration was allowed in favour of Sarla Devi, the legal heir of sole beneficiary Radhey Mohan. However, neither any certificate of Letters of Administration bearing the schedule of properties nor the Will of Bhagwan Dei was filed on record. Copy of the Will of Late Bhagwan Dei in favour of Radehy Mohan, if filed herein, would have disclosed the assets bequeathed to Radhey Mohan which ultimately Sarla Devi claimed. Further, as already observed, simply allowing a petition for grant of Probate/Letters of Administration is not sufficient. In furtherance of the judgment, letter of Probate or Letters of Administration has to be issued after payment of Court Fee. There is nothing to show that Sarla Devi actually obtained Letters of Administration, after complying with necessary formalities. Petitioner did not file any title PC No.5822/2016 Page 9 of 10 Rajesh Sharma vs. State & Ors.
documents in respect of the properties in question. In the absence of any documentary proof in respect of the estate of Late Smt. Sarla Devi, letters of administration can not be granted in favour of the petitioner. Further, as per the contents of the petition, Sarla Devi obtained a letter of administration in terms of the Will executed by Late Bhagwan Dei in favour of Radhey Mohan but there is no documentary evidence to show whether the estate which was bequeathed to Radhey Mohan Lal was actually transferred to Sarla Devi being his sole legal heir.
13. In view of the above, petitioner has failed to make out a prayer for grant of letters of administration in respect of the estate of Late Sarla Devi. Consequently, the petition is dismissed. File be consigned to record room after due compliance.
ANNOUNCED IN THE OPEN (DR. AJAY GULATI)
COURT ON 06.02.2019 ADDL. DISTRICT JUDGE02
SOUTH, SAKET COURTS,
NEW DELHI
PC No.5822/2016 Page 10 of 10