Delhi District Court
Shivkant Bhatt vs State on 10 February, 2020
IN THE COURT OF SH. HARGURVARINDER SINGH JAGGI,
ADDL. DISTRICT JUDGE-02, SOUTH-WEST DISTRICT,
DWARKA COURTS, NEW DELHI
PC NO. 34/2017
CNR No. DLSW010107542017
IN THE MATTER OF:
1. Shivkant Bhatt
S/o Sh Ram Krishan Bhatt
R/o Plot No. 122B
Khasra No. 44/1/288/1
Raj Nagar - II
Palam Colony
New Delhi
Re-numbered as
RZF 767/26A
Raj Nagar Part II
Palam Colony
New Delhi ... Petitioner
VERSUS
1. State
(Govt. of NCT of Delhi)
2. Ram Krishan Bhatt
S/o Sh Ram Chandra Bhatt
R/o Plot No. 122B
Khasra No. 44/1/288/1
P.C. No. 34/17 Page 1 of 7
Raj Nagar - II
Palam Colony
New Delhi
Re-numbered as
RZF 767/26A
Raj Nagar Part II
Palam Colony
New Delhi ... Respondents
Date of institution of suit: 04.09.2017
Date of judgment reserved: 10.02.2020
Date of pronouncement of judgment: 10.02.2020
JUDGMENT
1. This is a petition under Section 242(sic) of the Indian Succession Act, 1925 (hereinafter "the Act") filed by the petitioner seeking the grant of letters of administration in respect of the property i.e. Plot No. 122B, Khasra No. 44/1/288/1 Raj Nagar - II, Palam Colony re numbered as RZF 767/26A, Raj Nagar Part II, Palam Colony, New Delhi (hereinafter "subject property").
2. From the perusal of the petition, it is observed that the petitioner is the son of Shantha Bhatt and Ram Krishan Bhatt (hereinafter "respondent No.2"). The petitioner is the sole child of Shantha Bhatt and Ram Krishan Bhatt. Shantha Bhatt died intestate on 26.07.2011.
3. The citations were ordered to be published in newspapers P.C. No. 34/17 Page 2 of 7 "Statesman" and "Veer Arjun". The publication report of the said newspapers dated 01.11.2017, respectively, is on record.
4. The notice of the petition was issued to the respondents, who filed appearance in Court. The respondent No. 2 namely, Ram Krishan Bhatt, who is the father of the petitioner and husband of deceased appeared in the Court and filed an affidavit with regard to his no- objection to the grant of the letters of administration in favour of the petitioner. A no-objection statement of respondent No.2 to the said effect was recorded separately on 31.01.2018.
5. By order dated 19.09.2019, the petition of the petitioner was dismissed for non-prosecution and non-appearance. An application was moved by the petitioner under Order IX, Rule 9, CPC, seeking restoration of the petition and same was allowed vide order dated 21.12.2019.
6. On 23.12.2019, the petitioner stepped into the witness box and deposed in tandem to the averments in the petition. Apart from filing of the evidence by way of affidavit Ex.PW1/A, the petitioner relied upon the following documents:
S.No Documents Marked as Particulars of Documents
1. Ex.PW1/1 Death certificate of Shantha Bhatt
2. Ex.PW1/2 Election I card of deceased Shantha Bhatt
3. Ex.PW1/3 Aadhar Card of petitioner
4. Ex.PW1/4 General Power of Attorney dated 08.10.1984
5. Ex.PW1/5 (Colly) Agreement to sell dated 08.10.1984 P.C. No. 34/17 Page 3 of 7
7. On careful perusal and examination of the case record it is observed that the jurisdiction of this Court has been rightly invoked by the petitioner, as the subject property is situated within the territorial jurisdiction of this Court.
8. The notice was also issued to the concerned Collector to file the valuation report in response to which, SDM, Dwarka filed the report on 10.02.2020 stating the value of subject property being ₹23,67,552/- (Rupees Twenty three lakhs sixty seven thousand five hundred fifty two only).
9. From the perusal of case record, it is observed that the valuation report by the concerned SDM was filed on 18.12.2017, whereas this Court on 23.12.2019 issued notice to the concerned SDM calling for filing of the valuation report. As per the valuation report dated 18.12.2017 the subject property has been valued at ₹28,03,944/- (Rupees Twenty eight lakhs three thousand and nine hundred forty four only). The position in law is well settled that mistake on the part of the Court cannot cause prejudice to none. With the valuation report dated 18.12.2017, already on record this Court observes that there was no need to call for a fresh valuation report.
10. In view of the above observation, the valuation of the subject property is taken as ₹28,03,944/- (Rupees Twenty eight lakhs three thousand and nine hundred forty four only).
11. On due consideration to the submissions advanced by the Ld. counsel for the petitioner and on careful perusal of the record, the P.C. No. 34/17 Page 4 of 7 petitioner proved that his mother Shantha Bhatt died intestate on 26.07.2011.
12. The letters of administration may be granted to a grantee under Section 218 of the Act. Section 218 provides that where any person has died intestate the administration of his estate may be granted to a person who according to the rules, for the distribution of the estate applicable in the case of the deceased would be entitled to the whole or any part of the deceased's estate.
13. Under the Hindu law, class - I legal heirs are entitled to the estate of the deceased, if the deceased has died intestate. There is no dispute to the proposition that the petitioner being one of the children of the deceased can invoke the jurisdiction of this court by preferring such a petition. Section 273 of the Act, provides that once letters of administration have been given to a party, it shall have effect over all the properties of the deceased, both movable and immovable. It is however settled position in law that the person to whom the letters of administration is granted, does not thereby is entitled to the property or estate of the deceased; the estate will succeed according to law of succession applicable to the deceased.
14. The purpose of grant of letters of administration is only to enable the administrator so appointed by the Court to collect/assimilate the properties of the deceased and to deal with the various authorities with whom the properties of the deceased may be vested or recorded and thereafter the same be transferred in the P.C. No. 34/17 Page 5 of 7 name(s) of the successors in accordance with law of succession applicable to the deceased. The administrator not only in the course of the proceedings but also is required from time to time to file the accounts in the Court with respect to the administration of the estate of the deceased.
15. Section 220 of the Act provides that the letters of administration entitle the administrator to all the rights belonging to the intestate, as effectually, as if the administration had been granted at the moment after his/her death.
16. This Court observes that the petitioner has not filed any objections to the valuation of the property in question. Thus, the valuation of the immovable property, as per the concerned SDM's report is taken, as correct and true value of the subject property - See Section 19-H of the Court Fees Act, 1870.
17. No objections were received to the petition, from any quarter despite publication of citations in newspaper. Accordingly, this Court observes that there is no impediment to grant letter of administration in the favour of the petitioners.
18. Accordingly, the petition is disposed off with directions for issuance of letters of administration under the seal of this Court in the Form set forth in Schedule VII of the Act, with regard to the subject property provided the petitioners:
(a) furnish ad-valorem court fees on total value of property i.e. ₹28,03,944/- (Rupees Twenty eight lakhs three P.C. No. 34/17 Page 6 of 7 thousand and nine hundred forty four only)., and
(b) an administration bond with one surety of like amount.
19. This Court deems it appropriate to further observe that nothing stated herein-above shall be construed, as an expression of opinion in respect of title of the deceased or of the petitioners over the subject property in question.
20. File be consigned to record room only after completion of formalities and due compliance. Digitally signed by HARGURVARINDER HARGURVARINDER SINGH JAGGI SINGH JAGGI Date: 2020.02.10 16:06:39 +0530 Pronounced in the open (HARGURVARINDER S. JAGGI) court on February 10, 2020 Addl. District Judge-02 South West Dwarka Courts Complex New Delhi P.C. No. 34/17 Page 7 of 7