Delhi District Court
Christopher Philip vs . The State & Ors. on 3 October, 2015
Christopher Philip Vs. The State & Ors.
In the Court of Additional District Judge02, South District,
Room No. 602, Sixth Floor, Saket Courts Complex, New Delhi
In the matter of :
PC No. 41/14
Unique No. 02406C0316642014
Sh. Christopher Phillip, S/o Sh. Philip Hussain
R/o L31A, DDA Janta Flats, Saket, New Delhi. ...Petitioner
Versus
1. The State
(Govt. of NCT of Delhi)
2. Sh. Philip Hussain, s/o Late Hussain
R/o L31A, DDA Janta Flats, Saket, New Delhi.
3. Ms. Elizabeth Philip, w/o Sh. Vinesh Singh
D/o Sh. Philip Hussain
R/o L31A, DDA Janta Flats, Saket, New Delhi.
4. Ms. Jessie Philip, D/o Sh. Philip Hussain
R/o L31A, DDA Janta Flats, Saket, New Delhi. ...Respondents
Date of filing : 19.11.2014
Date of institution : 20.11.2014
Decision reserved on : 23.09.2015
Date of decision : 03.10.2015
JUDGMENT
(on petition under Section 278 of Indian Succession Act, 1925 for grant of Letters of Administration in respect of estate of Late R. Paul) 1.1. (Status of the parties) - Sh. R. Paul married to Smt. Ruth Paul and a PC No. 41/14 Page no. 1 of 6 Christopher Philip Vs. The State & Ors.
daughter namely Ms. Jane Philip was born to them. There was no other child born to their wedlock except Ms. Jane Philip. The respondent no. 2 Philip Hussain is husband of Ms. Jane Philip. Petitioner/ Mr. Chirstopher Philip, the respondents no. 3 & 4 namely Ms. Elizabeth Philip and Ms. Jessie Philip are children of respondent no. 2 and Ms. Jane Philip.
1.2 Mr. R. Paul, (grand father of petitioner and respondents 3 & 4) was permanent resident of M6, Panchsheel Park, New Delhi, he died about 29 years back on 28.01.1987 at AIIMS, New Delhi [his death certificate is now Ex. PW1/A, hereinafter referred as intestate/ deceased - I]. His wife Smt. Ruth Paul also expired intestate on 07.06.2005, at H.No. 1, Malcha Marg, Dharam Marg, Chankyapuri, New Delhi [her death certificate is now Ex. PW1/D, hereinafter referred as intestate/ deceased -II]. Ms. Jane Philip also died intestate on 08.01.2007 at Holy Family Hospital, New Delhi [her death certificate is now Ex. PW1/C, hereinafter referred as intestate/ deceased - III]. 1.3 (Estate of deceased I) - The estate of intestate deceasedI is property bearing Flat No. L31A, measuring 35 sq. mtr., DDA Janta Flats, Saket, New Delhi (more particularly described in Annexure D to the petition and also shown in the record of Registration Certificate etc. Ex. PW1/D to Ex. PW1/F of DDA) and Sh. R. Paul did not execute any Will and the petitioner being legal heirs is claiming his right for grant of letters of administration and there is no legal impediment to grant the same. That is why the petition.
1.4 The citation was issued to general public and it was got published in the Statesman of 24.12.2014, besides its publication in the court complex, Saket and at PC No. 41/14 Page no. 2 of 6 Christopher Philip Vs. The State & Ors.
the notice boards of District Magistrate and Area, SDM, M.B. Road, New Delhi inviting all concerned/ general public, however, none came forward from the general public/ State / respondent no.1 to participate in the proceedings. 1.5 The citation was also sent to respondents 2 to 4, they caused their appearance personally, besides they also filed their respective affidavits/ no objection to the petition as reply; they also filed their proof of identity in support of affidavit.
2.1 Since there was no protest to the petition, therefore, no formal issue was framed. The petitioner was given opportunity to lead evidence and establish the petition, consequently petitioner came into the witness box and examined himself as PW1; he tendered the documentary record, which has already been referred hereinabove. Then, petitioner's evidence was closed by the petitioner. 2.2 At the stage of final hearing, Sh. V.P. Yadav, Advocate with petitioner made final submissions. Ld. counsel for petitioner has relied upon facts and feature of the case that it is a very simple case of letters of administration of deceasedI, died intestate and by rule of succession, the petitioner is entitled for letters of administration, particularly intestate deceasedI is maternal grand father of petitioner, his maternal grand mother/ intestate deceasedII has also expired and petitioner's mother/ intestate deceasedIII is also dead; petitioner's father and sisters (respondents 2 to 4) have no objection to allow the petition. Therefore, the petitioner is entitled for letters of administration to administer the estate of deceased.
This court, during submissions, inquired about the religion of petitioner as PC No. 41/14 Page no. 3 of 6 Christopher Philip Vs. The State & Ors.
well as of other party to the petition vis a vis his grand parents, it is clarified that they are Indian Christian. Moreover, the petitioner, respondents 3 & 4 are in the age group of 22 to 27 years.
Findings 3.1 The contentions are assessed, in the light of material on record in the form of oral testimony of witness and of documentary evidence either in the form of death certificates or record of property documents. Since the parties to the petition are Indian Christian, therefore, ChapterII of Indian Succession Act (section 31 to section 49) are the rules in cases of intestates which are applicable other than to Parsis. The case in hand is that deceased - I died intestate on 28.01.1987 leaving behind him Mrs. Ruth Paul (who had died on 07.06.2005) and Ms. Jane Philip (who died on 08.01.2007). Sections 32, 33 and 36 to section 40 of the Indian Succession Act, 1925 are the provisions, when intestate died leaving behind widow (or widower) and lineal descendants.
By harmonious reading of all these provisions, it can be cull out that when intestate die, its widow (or widower), will have 1/3rd share and remaining 2/3rd will go to lineal descendants. When intestate deceasedI died on 28.01.1987, his widow Mrs. Ruth Paul and their daughter Ms. Jane Philip were the lineal descendants. Consequently, 1/3rd in the estate came to Mrs. Ruth Paul (as per sections 33, 36 read with section 35 of the Act, 1925) and 2/3 rd in the estate came to Ms. Jane Philip (as per section 37 of the Act, 1925), since the petitioner and respondent 3 & 4 appears to be born subsequent to the demise of intestate deceasedI. 3.2 Smt. Ruth Paul intestate deceasedII also died intestate on 07.06.2005, PC No. 41/14 Page no. 4 of 6 Christopher Philip Vs. The State & Ors.
leaving behind her daughter Ms. Jane Philip and grand children, consequently, her share (1/3rd) came to her only child Ms. Jane Philip being lineal descendant and Ms. Jane Philip's share became to entire property (viz. 2/3rd + 1/3rd). 3.3 On the eve of demise of Ms. Jane Philip on 08.01.2007/ intestate deceased III, in terms of section 33, 35, 36 and 37, 1/3 rd share in the property came to her husband/ respondent no. 2/ Mr. Philip Hussain and remaining 2/3rd share in the property came to the lineal descendants (viz. 2/3 x 1/3 =) 2/9th share to each of petitioner, respondent no. 3 & respondent no. 4.
3.4 The testimony of petitioner remained unchallenged, the respondents 2 to 4 have already tendered their no objection to allow the petition, however by applying the test of law to the feature of the case the respondent no. 2 has 1/3 rd share and the petitioner, respondent no. 3, respondent no. 4 each has 2/9 th share each in the estate of deceased.
3.5 Therefore, considering all such materials, it is held that the petitioner has succeeded to establish the petition for grant of letters of administration in respect of the property bearing no. L31A, measuring 35 sq. mtr., DDA Janta Flats, Saket, New Delhi. Therefore, petitioner is entitled for letters of administration to administer the estate left by the deceased. However, any grant of letter of administration would not tantamount to be declaration of title or ownership of property. 3.6 The petitioner has proved the petition, he is held entitled for letters of administration to administer the estate of deceased, however, he is required to furnish the proper fee on such valuation. The petitioner is also required to furnish an administration cum surety bond within one and a half month from today and after PC No. 41/14 Page no. 5 of 6 Christopher Philip Vs. The State & Ors.
furnishing of proper fee and administrative bond, the proper certificate on schedule VII as prescribed under the Indian Succession Act will be issued to the petitioner. Thence, the petitioner will be required to furnish full and true inventory on prescribed Form No. 178 within 6 months from the date of certificate and true account of the property on prescribed Form No. 179 within one year from the date of issue of certificate. The petitioner will remain bound by the letter of administration. With these directions, the petition stands disposed off.
File be consigned to record room.
Announced in the open Court (Inder Jeet Singh )
on Saturday 11 Asavin, Saka 1937 Additional District Judge02 (South),
Saket/ New Delhi /03.10.2015
PC No. 41/14 Page no. 6 of 6
Christopher Philip Vs. The State & Ors.
PC No. 41/14
03.10.2015
Present : Proxy counsel for petitioner.
None for State / general public / respondent no. 1.
None for respondent no. 2, 3 & 4.
It is judgment day today. Vide separate judgment announced today, the petition is allowed for letters of administration, the petitioner is held entitled for letters of administration to administer the estate of deceased, however, he is required to furnish the proper fee on such valuation. The petitioner is also required to furnish an administration cum surety bond within one and a half month from today and after furnishing of proper fee and administrative bond, the proper certificate on scheduleVII as prescribed under the Indian Succession Act will be issued to the petitioner. Thence, the petitioner will be required to furnish full and true inventory on prescribed Form No. 178 within 6 months from the date of certificate and true account of the property on prescribed Form No. 179 within one year from the date of issue of certificate. The petitioner will remain bound by the letter of administration. With these directions, the petition stands disposed off.
In the meantime, Junior Judicial Assistant/ Reader attached to the court will also compute the court fee payable. File be consigned to record room.
(Inder Jeet Singh)
ADJ02 (South), Saket
M New Delhi / 03.10.2015
PC No. 41/14 Page no. 7 of 6