Delhi District Court
Shyam Sunder Makhija vs State on 30 August, 2025
IN THE COURT OF SH. SHIV KUMAR,
DISTRICT JUDGE (WEST DISTRICT)-02,
TIS HAZARI COURTS DELHI.
Probate Case No.-46/2024
CNR No. DLWT0-007190-2024
DLWT010071902024
Sh. Shyam Sunder Makhija,
S/o late Sh. Daulat Ram Makhija,
R/o WZ-206, G, Side D-1, Vishnu Garden,
New Delhi-110018
......Petitioner
Versus
1. State
(Govt. of NCT Delhi)
Through The Chief Secretary
Delhi Secretariat, I.P. Estate,
New Delhi
2. Ms Ruplai Kathuria
W/o Sh. Abhishek Kathuria
R/o H. No. 327, Sainik Vihar,
Pitam Pura, New Delhi-110034
3. Ms Archna Bhatia
W/o Sh. Aakash Bhatia
R/o RZA-31/A, A- Block,
Old Som Bazar Road, Mahavir Enclave,
New Delhi-110045
4. Mr. Gaurav Makhija,
S/o Sh. Shyam Sunder Makhija
R/o WZ-206G, Side D-1,
Vishnu Garden, New Delhi-110018
.....Respondents
P.C 46-24 Shyam Sunder Malhija Vs State 1/6
PETITION UNDER SECTION 278 OF THE INDIAN
SUCCESSION ACT, 1925 FOR GRANT OF LETTERS OF
ADMINISTRATION IN RESPECT OF MOVABLE ASSETS OF
THE DECEASED LATE SMT SAROJ KUMARI MAKHIJA @
SAROJ K MAKHIJA @ SAROJ MAKHIJA @ SAROJ
KUMARI.
Date of institution of the case : 24.08.2024
Date reserved for judgment : 30.08.2025
Date of pronouncement of Judgment : 30.08.2025
JUDGMENT
1. Vide this judgment, I shall decided, the present petition filed under Section 278 of the Indian Succession Act 1925, for grant of letters of administration in respect of movable assets of the deceased late Late Smt Saroj Kumari Makhija @ Saroj K Makhija @ Saroj Makhija @ Saroj Kumari. (hereinafter is to be referred as the 'deceased').
2. It is pertinent to mention here that initially SBI Bank, Tilak Nagar Branch was made a party in this petition. Since it was neither necessary nor proper party, therefore it was deleted from the arrays of the parties, vide order dated 04.10.2024.
3. It is averred in the petition that Late Smt Saroj Kumari Makhija @ Saroj K Makhija @ Saroj Makhija @ Saroj Kumari expired on 07.04.1996.
4. It is further averred that the place of residence of deceased at the time of her death was H. no. WZ-206 Gm Side D-1, Vishnu Garden, New Delhi-110018.
P.C 46-24 Shyam Sunder Malhija Vs State 2/6
5. It is further averred that the deceased died intestate and has left behind the class-I legal heirs i.e. her husband ( petitioner) and respondent no. 2 to 4 who are the daughters and son of the deceased and there is no other legal heir of the deceased.
6. It is further averred that the deceased left behind money lying in the Saving account bearing no. Te-13900, and articles lying in locker attached to the said A/c bearing Locker no.506 maintained with State Bank of India, Tilak Nagar Branch, New Delhi-110018.
7. Petitioner has thus prayed for grant of letters of administration in respect of above said locker.
8. Citation for general public was published in the daily newspaper "The Statesman" edition dated 26.10.2024 and affixed the notice board of the court on 25.10.2024. State has been served on 25.10.2024. No objections have been filed either on behalf of the State or on behalf of any person from general public.
9. The respondent no. 2 to 4 appeared in the court and gave their joint statement and deposed that they have no objection if the letters of administration in respect of Saving account bearing no. Te-13900 and locker no. 506, maintained with the SBI Bank, Tilak Nagar Branch, New Delhi, in the name of their mother, late Smt. Saroj Makhija be issued in favour of petitioner Sh. Shyam Sunder Makhija, who is their father. They placed on record copy of their Aadhar Cards as Ex. C-1 to Ex. C-3 (OSR) respectively.
P.C 46-24 Shyam Sunder Malhija Vs State 3/6
10. On the application of the petitioner, Sh. Anmol Pandey, Ld advocate was appointed as Local Commissioner for execution of the commission to ascertain the value of articles found in abovesaid locker, in the name of deceased Smt. Saroj Makhija and the report of the Local Commissioner was filed in the court. As per report of the Local commissioner, the value of the articles lying in the above-said locker is Rs.1,20,756/-.
11. Sh. Shyam Sunder Makhija, in order to prove the case, has examined himself as PW-1 and has tendered his affidavit in evidence as Ex. PW-1/A. PW-1 relied upon the following documents:
1. Ex PW-1/1 (OSR): Death certificate of deceased Smt. Saroj Kumari Makhija @ Saroj K Makhija.
2. Ex PW-1/2 (OSR): Photograph of marriage of the petitioner with the deceased.
3. Ex. PW-1/3 (OSR): Surviving Member Certificate issued by SDM.
4. Ex. PW-1/4 (OSR): Copy of Bank Passbook of the bank account maintained by the deceased.
5. Ex. PW-1/5: Copy of letter written to the bank.
6. Ex. PW-1/6: Schedule of movable properties left by the deceased.
7. Ex. PW-1/7: Certificate under Section 65-B of the Indian Evidence Act.
12. Thereafter on 19.07.2025, on the submission of ld. counsel for the petitioner, the evidence of the petitioner's stands closed.
P.C 46-24 Shyam Sunder Malhija Vs State 4/6
13. The testimony of PW-1, has gone unrebutted and unchallenged. There is no reason to disbelieve the testimony of PW-1. No person from general public has filed any objection(s) in response to the citation published in newspaper. Death of deceased Smt. Saroj Kumari Makhija @ Saroj K Makhija has been proved by petitioner vide death certificate Ex PW-1/1 (OSR). The petitioner is the Class-I legal heirs of the deceased as per Hindu Succession Act, 1956 and is entitled to inherit the estate of the deceased, who died intestate.
14. The movable property in question of the deceased is lying within the jurisdiction of this court, so this has the jurisdiction to decide the present probate petition.
15. The present probate petition is un-contested and petitioner and respondent no. 2 to 4 are the only legal heirs of the deceased, as per surviving member certificate Ex. PW-1/3. The respondent no. 2 to 4 have already given their NOC in favour of the petitioner. Objections has not been filed by any person in the present case, so petitioner is exempted from furnishing surety bond.
16. In view of the abovesaid facts and discussion, the petition stands allowed and letters of administration in respect of amount of the deceased lying in saving bank account bearing no. Te-13900 and articles lying in abovesaid locker of the deceased, be issued to the petitioner subject to complying the following conditions:
(i) furnishing of requisite court fees on the value of the movable articles lying in the locker in question and amount of the deceased lying in saving bank account bearing no. Te-13900.
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(ii) and further subject to furnishing of administration bond to the amount of the value of movable articles found in the locker in question and amount of the deceased lying in saving bank account bearing no. Te-13900.
17. Further, the petitioner is also directed to file the inventory of movable articles within six months and final statement of account within one year from the date of receipt of formal letters of administration. The formalities of issuance of Letters of Administration be completed within six months from the date of the judgment as per Section 290 & 291 read with Section 317 of Indian Succession Act.
File be consigned to the Record Room after due compliance as per rules.
Digitally signed SHIV by SHIV KUMAR Announced in the open court KUMAR Date: 2025.08.30 16:05:08 +0530 on 30th August, 2025 (SHIV KUMAR) District Judge, Court no.127, West Distt, THC:Delhi P.C 46-24 Shyam Sunder Malhija Vs State 6/6