Delhi District Court
Naresh Chand Khandelwal (Sr. Citizen) vs The State (Nct Of Delhi) on 16 November, 2024
DLSE010004292018
THE COURT OF DISTRICT JUDGE-03
SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI
(PRESIDED OVER BY: SACHIN MITTAL)
PC No. 04/18
In the matter of:
1. Naresh Chand Khandelwal,
S/o Sh. Anant Ram Khandelwal.
2. Mithlesh Khandelwal,
W/o Sh. Naresh Chand Khandelwal.
Both R/o H.No. 39, LIG, DDA Flats,
Badarpur (Jaitpur) South Delhi,
Delhi-110044. ....Petitioners.
VERSUS
1. The State (NCT of Delhi)
2. State of U.P.
Through its Revenue Secretary,
Lucknow, Uttar Pradesh.
3. Manisha Khandelwal,
D/o Sh. Mohan Lal Khandelwal,
W/o Late Sh. Naveen Kumar,
R/o K-98, Street No.1,
Razak Ram Road, Mahipalpur,
New Delhi-110037.
4. Nucleus Software Exports Ltd.
Digitally
Office at A-49, Sector - 62, signed by
Noida, U.P. 201307. SACHIN
SACHIN
MITTAL
MITTAL Date:
5. The Concerned Official, 2024.11.18
16:15:40
AIG Infratech (India) Pvt. Ltd., +0530
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v.
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Site Office GC-2, GH-01,
Gaur City-1, Sec-4, Greater Noida (West),
Gautam Budh Nagar, U.P.-201307.
6. Concerned official,
ICICI Bank, C-17, Local Shopping Complex,
Paschimi Marg, Branch Vasant Vihar,
New Delhi-110057.
7. Concerned Official, ICICI Bank,
C-134B, Sec-61, Supertech Shoprix,
Noida, UP-201307.
8. Concerned Official, HDFC Bank,
Branch Mohan Cooperative,
Mathura Road, New Delhi.
9. Concerned official, State Bank of India,
Oppo. Tughlakabad Metro Station,
Branch Badarpur, New Delhi.
10. Concerned official,
Share Khan, Client ID No. 11750358,
1C, 2nd floor, Safdarjung Enclave,
Arjun Nagar, New Delhi.
11. Concerned Official,
SBI Life Insurance,
2nd Floor, 112, SBI Building,
Dayanand Road, Opp. Golcha Cinema,
Daryaganj, Delhi.
12. Concerned Official,
ICICI Prudential Life Insurance Co. Ltd.,
Unit No.1A and 2A,
Raheja Tipco Plaza,
Rani Sati Marg,
Malad (East), Mumbai-400097. Digitally
signed by
13. Concerned Official, SACHIN
LIC of India, SACHIN MITTAL
Branch No. 12G, 2nd Floor, MITTAL Date:
2024.11.18
9, Vardhman Trade Centre, 16:15:45
Nehru Place, near Devika Tower, +0530
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New Delhi-110019.
14. Concerned Official,
Bank of Baroda,
Yamdel, B-1/12A,
Indraprastha Extn.,
New Delhi-110092 .....Respondents.
Date of Institution : 18.01.2018
Date on which arguments concluded : 23.08.2024.
Date of Judgment : 16.11.2024.
Result : Allowed.
JUDGMENT
1. Petitioners have filed the present petition under Section 278 read with Part IX of the Succession Act, 1925, seeking therein grant of letter of administration in respect of the assets i.e. an immovable property, employment benefits, bank accounts' balances, demat account and life insurance policies, left by the deceased son of the petitioners namely late Naveen Kumar, who expired on 22.10.2017.
2. As per the petition, the deceased was an ordinary resident at the address, Flat No. 39, LIG, DDA Flats, Badarpur (Jaitpur), South Delhi, Delhi-110044, which is within the territorial jurisdiction of this Court. It is stated in the petition that the deceased, who was married, died intestate leaving behind his father and mother, impleaded as petitioner no.1 and 2 respectively and his widow, impleaded as respondent no.3 in the present petition. It has also been stated that the deceased is also survived by one brother and one sister, who are also residing with the petitioners. It has been further stated that the deceased before his death was working as a Software Engineer with a company, M/s Nucleus Software Exports Ltd., Digitally signed SACHIN by SACHIN MITTAL MITTAL Date: 2024.11.18 16:15:51 +0530 PC No. 4/18 Naresh Chand Khandelwal (Sr. Citizen) and Anr. Page 3 of 10 v.
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impleaded as respondent no.4. As per the petition, the petitioner left behind him the following assets:
(i) Flat No. G-1001, 10th floor, G-Block, Lotus 3, Park Avenue, Plot No. 6, C2, Gaur City, Noida, Gautam Budh Nagar, U.P.-201307. The deceased had took a home loan in respect of the above flat from Bank of Baroda, Branch I.P. Estate, New Delhi with account No. 384806/573. The original registered sale deed is also lying with the said bank;
(ii) Employment benefits of the deceased lying with Nucleus Software Exports Ltd. Office at A-49, Sector-62, Noida, U.P. 201307;
(iii) Saving Bank Account No. 006501052062 with ICICI Bank, C-17, Local Shopping Complex, Paschimi Marg, Branch Vasant Vihar, New Delhi;
(iv) Saving Bank Account No. 025301546468, ICICI Bank, C-134B, Branch Sec-61, Supertech Shoprix, Noida, UP-201307;
(v) Saving Bank Account No. 03191330000731, HDFC Bank, Branch Mohan Cooperative, Mathura Road, New Delhi;
(vi) Saving Bank Account No. 31637004581, State Bank of India, Opp. Tughlakabad Metro Station, Branch Badarpur, New Delhi;
(vii) Demat Account with Share Khan client ID No. 11750358 at 1C, 2nd Floor, Safdarjung Enclave, Arjung Nagar, New Delhi;
(viii) SBI Life Insurance No. 1N040718501 registered office at 2nd floor, 112, SBI Building, Dayanand Road, Opp. Golcha Cinema, Daryaganj, Delhi;
(ix) ICICI Prudential Life Insurance Co. Ltd., Unit No.1A and 2A, Raheja Tipco Plaza, Rani Sati Marg, Malad (East), Mumbai-400097; Digitally signed SACHIN by SACHIN MITTAL MITTAL Date: 2024.11.18 16:15:58 +0530 PC No. 4/18 Naresh Chand Khandelwal (Sr. Citizen) and Anr. Page 4 of 10 v.
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(x) LIC of India, Branch 12G, 2nd Floor, 9, Vardhman Trade Centre, Nehru Place, near Devika Tower, New Delhi-110019;
(xi) Bank of Baroda, Yamdel, B-1/12A, Indraprastha Extn., New Delhi-110092.
3. This Court, vide order dated 18.01.2018, issued notice of the petition to the respondent i.e. the State and also directed the publication of citation of the petition in the newspaper for the notice to the general public.
4. On 26.10.2018, a reply to the petition on behalf of the employer of the deceased namely M/s Nucleus Software Exports Ltd., came to be filed. As per the said reply, the deceased, late Naveen Kumar had following components of settlement at the time of his death:
(a) Rs. 6,00,000/- towards provident fund;
(b) Rs. 2,19,260/- towards gratuity;
(c) Rs. 9,185/- towards leave encashment;
(d) Rs. 26,865/- towards variable pay; and
(e) Rs. 34,20,480/- towards insurance.
Total = Rs. 42,75,790/-
5. On 01.11.2018, a reply on behalf of the Bank of Baroda, from whom the deceased late Naveen Kumar had availed a loan by mortgaging an immovable property, came to be filed. The Bank of Baroda in the said reply stated that the wife of the deceased i.e. the respondent no.3 had cleared the said loan after demise of late Naveen Kumar.
6. On 29.03.2019, a reply on behalf of the HDFC Bank, with which the deceased late Naveen Kumar had been maintaining a bank account, came to be filed. As per the said reply, the wife of the deceased late Naveen Kumar was nominee in his bank account. Digitally signed by SACHIN SACHIN MITTAL MITTAL Date:
2024.11.18 16:16:03 +0530 PC No. 4/18 Naresh Chand Khandelwal (Sr. Citizen) and Anr. Page 5 of 10 v.
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7. On 10.02.2020, a reply on behalf of the LIC to the effect that the FUP of the policy is 08/2018 and amount payable under the policy is Rs. 2,97,200/-, came to be filed.
8. On 10.09.2020, a reply on behalf of the Revenue Department, State of UP, came to be filed, as per which there is no record of the immovable property left by the deceased Naveen Kumar in the revenue record.
9. On 15.07.2022, a reply in opposition to the application came to be filed on behalf of the respondent no.3. It has been alleged in the said reply that the respondent no.3 being a widow of late Naveen Kumar is only entitled as per Section 10 Rule 1 of the Hindu Succession Act, 1956 to the estate left by the deceased.
10. On 27.07.2022, a reply on behalf of the ICICI Prudential Life Insurance Company Ltd., came to be filed. As per the said reply, the company had transferred an amount of Rs.6,08,355.03/- and another amount of Rs. 3,39,254.78/- in favour of the widow of the deceased late Naveen Kumar towards the policies taken by him before his death.
11. On 25.08.2021, an application under Order 11 Rule 1 and 12 read with Section 151 CPC was filed on behalf of the petitioners therein seeking direction to the respondent no.3 for answering the certain interrogatories. On 15.07.2022, a reply to the said application came to be filed on behalf of the respondent no.3.
This Court, vide Order dated 23.01.2023, disposed off the said application with direction to the respondent no.3 to supply the details regarding the assets left by the deceased late Naveen Kumar. Then, on 30.10.2023, the respondent no.3 replied to the interrogatories sought and furnished the details in terms of Order dated 23.01.2023. Digitally signed by SACHIN SACHIN MITTAL MITTAL Date:
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12. On 15.02.2024, the petitioner no.1, Naresh Chand Khandelwal, examined himself as PW-1. The said witness tendered his affidavit in evidence, Ex.PW-1/X towards his examination-in-
chief. He tendered in evidence following documents:
Sr.No. Documents Exhibits/Marks
1. Copy of pancard of the deceased Mark A.
Naveen Kumar
2. Copy of passport of the deceased Mark B.
Naveen Kumar
3. Copy of aadhar card of the deceased Mark C.
Naveen Kumar
4. Copy of aadhar card of petitioner Ex. PW1/A (OSR).
no.1
5. Copy of pan card of petitioner no.1 Mark D.
6. Copy of letters dated 30.11.2017 and Ex. PW1/B (colly)
26.12.2017 sent by the employee of
the deceased to the petitioner .
7. Death certificate of deceased Naveen Ex. PW1/C.
Kumar
8. Copy of letter dated 11.12.2017 sent Ex. PW1/D (colly).
by ICICI Prudential Life Insurance
Company
13. On 04.04.2024, the petitioner no.2, Mithlesh
Khandelwal, examined herself as PW-2. The said witness tendered her affidavit in evidence, Ex.PW-2/1 towards her examination-in- chief. She tendered in evidence the documents: (a) a copy of Aadhar SACHIN Card as Ex. PW2/A (OSR); and (b) a copy of pancard as Mark X. She MITTAL also relied upon other documents tendered on behalf of petitioner Digitally signed by SACHIN MITTAL no.1/PW-1. Date:
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14. I have heard Ld. Counsel for the petitioners. I have carefully perused the judicial record including the written submissions filed on behalf of the petitioners as well.
15. The petitioner no.1 and the petitioner no.2 claim to be the legal heirs under Class 1 and Class 2 respectively of their deceased son, Late Sh. Naveen Kumar, who is stated to have died intestate on 22.10.2017. The petitioner no.3 was the widow and another class 1 legal heir. In this regard, the petitioners have proved death certificate, Ex.PW-1/C in respect of the death of their said deceased son. The petitioners have also proved copies of letter dated 30.11.2017 and 26.12.2017, Ex. PW-1/B(colly.) issued by the Employer of their deceased son therein mentioning the details about the employment benefits of the deceased late Naveen Kumar.
16. The replies filed by various entities impleaded as respondents in the petition substantiate the case of the petitioners that their deceased son late Sh. Naveen Kumar as on the date of his death was holding various assets.
17. It is noted that pursuant to the issuance of notice to the State and publication of the citation of the petition in the newspaper for notice to the general public, no one appeared before this Court for contesting the present petition. There is nothing on record to disbelieve the case of the petitioners. There is, thus, no impediment in issuing Letters of Administration as prayed for.
18. In view of above discussion, the present petition filed on behalf of the petitioners, under Section 278 read with Part IX of the Succession Act, 1925, seeking therein grant of letter of administration in respect of the assets, as mentioned in paragraph no.2 herein above, which were held by the deceased late Naveen Kumar, who expired on SACHIN 22.10.2017, is, hereby, allowed. As petitioner no.2 is the class 1 legal MITTAL Digitally signed by SACHIN MITTAL Date: PC No. 4/18 Naresh Chand Khandelwal (Sr. Citizen) and Anr. Page 8 of 10 2024.11.18 v. 16:16:54 +0530 The State (NCT of Delhi) and Ors.
heir, the Letter of Administration is, accordingly, ordered to be issued in the name of the petitioner no.2 only, in respect of the following assets left by the deceased late Naveen Kumar:
(i) Flat No. G-1001, 10th floor, G-Block, Lotus 3, Park Avenue, Plot No. 6, C2, Gaur City, Noida, Gautam Budh Nagar, U.P.-201307. The deceased had took a home loan in respect of the above flat from Bank of Baroda, Branch I.P. Estate, New Delhi with account No. 384806/573. The original registered sale deed is also lying with the said bank;
(ii) Employment benefits of the deceased lying with Nucleus Software Exports Ltd. Office at A-49, Sector-62, Noida, U.P. 201307;
(iii) Saving Bank Account No. 006501052062 with ICICI Bank, C-17, Local Shopping Complex, Paschimi Marg, Branch Vasant Vihar, New Delhi;
(iv) Saving Bank Account No. 025301546468, ICICI Bank, C-134B, Branch Sec-61, Supertech Shoprix, Noida, UP-201307;
(v) Saving Bank Account No. 03191330000731, HDFC Bank, Branch Mohan Cooperative, Mathura Road, New Delhi;
(vi) Saving Bank Account No. 31637004581, State Bank of India, Opp. Tughlakabad Metro Station, Branch Badarpur, New Delhi;
(vii) Demat Account with Share Khan client ID No. 11750358 at 1C, 2nd Floor, Safdarjung Enclave, Arjung Nagar, New Delhi;
(viii) SBI Life Insurance No. 1N040718501 registered office at 2nd floor, 112, SBI Building, Dayanand Road, Opp. Golcha Cinema, Daryaganj, Delhi;
(ix) ICICI Prudential Life Insurance Co. Ltd., Unit No.1A SACHIN and 2A, Raheja Tipco Plaza, Rani Sati Marg, Malad (East), MITTAL Digitally signed by SACHIN MITTAL PC No. 4/18 Naresh Chand Khandelwal (Sr. Citizen) and Anr. Page 9 of 10 Date: 2024.11.18 16:17:01 +0530 v.
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Mumbai-400097;
(x) LIC of India, Branch 12G, 2nd Floor, 9, Vardhman Trade Centre, Nehru Place, near Devika Tower, New Delhi-110019;
(xi) Bank of Baroda, Yamdel, B-1/12A, Indraprastha Extn., New Delhi-110092.
19. The Letter of Administration in the prescribed form VII be issued subject to the petitioner no.2: (i) filing appropriate Court Fee; and (ii) filing administration bond and surety bond, within 1½ months from today. Subsequently, the petitioner no.2 shall 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 shall also render true accounts of said properties and credits within one year on prescribed Form No.179.
20. It is made clear that this Court, vide the present Order, has not decided any question or dispute regarding the title over the assets left by the deceased late Sh. Naveen Kumar.
21. Accordingly, this petition stands disposed off.
22. File be consigned to the Record Room.
Digitally signed by SACHIN SACHIN MITTAL
Announced & dictated in MITTAL
Date:
2024.11.18
16:17:07
the open court on 16.11.2024 +0530
(Sachin Mittal)
District Judge-03/South-East District Saket Courts, New Delhi/16.11.2024 Certified that this judgment contains 10 pages and each page bears my signatures. SACHIN Digitally signed by SACHIN MITTAL MITTAL 16:17:12 +0530 Date: 2024.11.18 (Sachin Mittal) District Judge-03/South-East District Saket Courts, New Delhi/16.11.2024 PC No. 4/18 Naresh Chand Khandelwal (Sr. Citizen) and Anr. Page 10 of 10 v.
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