Delhi District Court
Dinesh Mehta vs The State on 2 April, 2022
IN THE COURT OF SH UMED SINGH GREWAL : ADDL.
DISTRICT JUDGE, (WEST)02, TIS HAZARI COURTS:DELHI.
Probate Case No. 57/21
CNR No. DLWT010073092021
1. Dinesh Mehta
S/o Late Subhash Mehta
& Late Prakash Kumari
2. Tajender Mehta
S/o late Subhash Mehta
& Late Prakash Kumari
Both Resident of:
WZ236B, Street No.1,
Virender Nagar,
New Delhi110058
3. Ruchi Arora
D/o Late Subahash Mehta
& Late Prakash Kumari
W/o Shri Surender Arora
Parmanent R/o 111A, Single Storey,
Ramesh Nagar,
New Delhi110065
........Petitioners/applicants
Versus
1. The State
Govt. of NCT of Delhi
through the chief secretary
Delhi Secretariat, IP Estate
Delhi
.....Respondent
PC No. 57/21 Dinesh Mehta & Ors Vs State Page 1 of 6
Date of institution of the case : 06.10.2021
Date reserved for judgment : 25.03.2022
Date of pronouncement of Judgment: 02.04.2022
JUDGMENT:
1. This is a petition under Section 218, 276 & 295 of Indian Succession Act 1925, for grant of letters of administration in respect of the estate of late Prakash Mehta W/o late Subhash Mehta with regard to the immovable as well as movable properties.
2. The petitioner nos. 1 to 3 are sons and daughter of Late Smt. Prakash Kumar @ Smt. Parkash Mehtas ( herein after referred to as 'the deceased') who died on 03.01.2021 at her residence and she was the sole and absolute owner of the following immovable and movable properties:
1. Property bearing no. WZ236B, Gali No. 01, Virender Nagar, New Delhi110058 and following movable
2. Debts & Securities:
i) Indian Overseas Bank, Janakpuri Branch, New Delhi
a) Amount lying credited in Saving Account No. 054401000021304.
b) FDR bearing no. 054404000017252 Rs. 50,000/ dated 25.10.2019.
c) FDR bearing no. 054404000017253
Rs, 50,000/ dated 25.10.2019.
PC No. 57/21 Dinesh Mehta & Ors Vs State Page 2 of 6
II. State Bank of India , WZIII, G140, Shiv Nagar, New
Delhi1100158
a) Amount lying credited in Saving A/c No.
65156669469.
III. 650 shares of M/s Tata Consultancy Service
( Respondent no. 4 herein) vide Certificate No. M2 1417727 bearing Distinctive Nos. 1957304522 to 1957304846 & Certificate No. B3 1420250 bearing Distinctive Nos. 1970521167 to 1970521491. ( These above said shares are now being maintained by M/s TSR Darashaw Litmited ( respondent no. 5) Out of these 650 shares, initially, 325 shares were purchased & allotted to late husband of the deceased, Sh. Subhas Mehta during his lifetime and after his demise, the same were transferred in the name of his wife i.e. Smt. Prakash Mehta ( now deceased) vide Succession Certificate dated 26.07.2018 granted by Shri Navjeet Budhiraja, the then Administrative Civil Judge, West District, Tis Hazari, Delhi in Petition No. SC 132/2017, titled as " Smt. Prakash Mehta & Ors. Vs NCT of Delhi & Ors.".
3. The notice of the petition was issued to respondents. Citation for general public was published in the daily newspaper "Statesman" dated 02.11.2021.
PC No. 57/21 Dinesh Mehta & Ors Vs State Page 3 of 64. The Tehsildar, Rajouri Garden filed valuation report in respect of the immovable property i.e. property bearing WZ 236B, Gali No. 01, Virender Nagar, New Delhi110058 valuing the same as of Rs. 47,78,211/ (Rupees Forty Seven Lakh Seventy Eight Thousand Two Hundred Eleven Only).
5. There is no respondent except State and objections have also not been filed by any public person in response to the citation published in daily newspaper "Statesman".
6. Petitioner no. 1, in order to prove the case, examined himself as PW1 and tendered affidavit in evidence as Ex. PW1/A and proved the following documents:
i). Ex.PW1/1 ( OSR): is the copy of his Aadhar Card.
ii). Ex.PW1/2 (OSR): is the copy of Aadhar Card his brother namely Sh. Tajender Mehta, petitioner no. 2.
iii). Ex.PW1/3 (OSR): is the copy of Aadhar Card his sister namely Ms Ruchi Arora, petitioner no. 3.
iv). Ex.PW1/4 (OSR): is the copy of Sale Deed dated 18.08.1992.
v). Ex.PW1/5 is the petition.
vi). Mark P1: is the copy of death certificate of his mother,
Smt. Prakash Mehta.
vii). Mark P2 : is the copy of Aadhar Card of deceased Smt.
Prakash Mehta.
viii). Mark P3 : is the copy of PAN Card of deceased Smt.
Prakash Mehta.
PC No. 57/21 Dinesh Mehta & Ors Vs State Page 4 of 6
PW2 Sh. Tajender Mehta and PW3 Ms Ruchi Arora are petitioner nos. 2 & 3 and they tendered affidavits in evidence as Ex. PW2/A & Ex. PW3/A respectively. They relied upon the documents exhibited in the evidence of PW1.
7. The testimony of PW1 to PW3 remained unrebuted and uncontroverted. No public person filed any objection in response to the citation. Death of Smt. Parkash Mehta has been proved by her death certificate Mark P1.
8. In view of above discussion, it is held that petitioners are entitled to letter of administration in respect of immovable property i.e. property bearing no. WZ236B, Gali No. 01, Virender Nagar, New Delhi110058 on furnishing court fees on value thereof assessed as Rs. 47,78,211/ (Rupees Forty Seven Lakh Seventy Eight Thousand Two Hundred Eleven Only) by the concerned authority.
It is pertinent to mention that petitioners are not entitled to letter of administration in respect to movable assets as they failed to examine any witness in respect of their existence and current value.
9. Considering that the petitioners are the sole beneficiaries with respect to the estate of the deceased in uncontested matter, relying upon the ratio of celebrated judgment of 'Sanjay Suri', this court exempts them from the requirement of submitting administrationcumsurety bond.
PC No. 57/21 Dinesh Mehta & Ors Vs State Page 5 of 610. Further, the petitioners are directed to file the inventory of immovable property 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.
11. Needless to emphasize, the question of title, share or ownership of immovable property mentioned hereinabove has not been decided by this Court. File be consigned to the Record Room.
UMED Digitally signed
by UMED SINGH
Date: 2022.04.02
Announced in the open court SINGH 14:46:15 +0530
on 2nd April, 2022 (Umed Singh Grewal)
Addl. District Judge02
(West), Delhi
PC No. 57/21 Dinesh Mehta & Ors Vs State Page 6 of 6