Delhi District Court
Smt. Gian Kaur & Another vs The State on 8 May, 2008
1
In the court of ASHWANI SARPAL, Additional District & Sessions Judge,
Room No. 272, Tis Hazari Court, Delhi.
Probate Case No :- 67/06/05
Date of filing :- 6-10-2005
Smt. Gian Kaur & another
................... Petitioners
Vs.
The State
................ Respondent
(Petition for grant of Letter of Administration
u/s 278 of the Indian Succession Act, 1925)
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JUDGMENT:-
Smt. Gian Kaur and Smt. Narinder Kaur filed the present petition on 6-10- 2005 in respect of estate of Sh. Rajinder Singh who died on 15-8-2003. Petitioner no.1 is the wife of deceased whereas petitioner no.2 is daughter of the deceased who had left behind two properties details of which is given in the schedule of the properties attached with the petition. Since no will was left behind by the deceased so the present petition was filed by the petitioners for grant of Letter of Administration.
The notice of this petition was served upon the State and general public was also informed through citation published in the newspaper 'Rashtriya Sahara' dated 21- 12-2005 but no one appeared to contest the claim on behalf of the State and general public. SDM Seema Puri and Tehsildar Defence Colony submitted valuation reports of the properties in question situated at Dilshad Garden and Sukhdev Vihar and assessed its value at Rs.26,88,700/- and Rs. 44,22,983/- respectively.
Petitioners in order to prove their case filed their affidavits of evidence in which they corroborated the averments made in the petition. Though affidavits were not formally tendered by petitioners in their statements but I find no ground to reject the 2 same when case is not contested by anyone. The non-tendering of affidavits by the petitioner is mere an irregularity which can be ignored especially when the court itself has put exhibits marks on some of the documents on the basis of the affidavits of the witnesses. Both the petitioners have specifically stated that no other legal heir was left by the deceased except themselves. They also placed on record copies of conveyance deeds and sale deeds of the properties in question to show that the deceased was the owner of the same. The death certificate of the deceased is also placed on record by both the petitioners.
The evidence of the petitioners has remained unrebutted and unchallenged and I find no ground to disbelieve them. Otherwise also petitioners being Class-I legal heirs of the deceased would inherit the property of the deceased in routine. Accordingly the present petition is allowed and Letter of Administration without any will annexed is granted in favour of both the petitioners jointly in respect of immovable properties bearing house no. 69, Sukhdev Vihar, New Delhi and plot no. 155, Block-A, Dilshad Extension-I, Delhi subject to their furnishing requisite court fee, administration bond with one separate surety bond in terms of the valuation report filed by the revenue authorities on record. An inventory of the property of the deceased shall be exhibited in the court within six months from today and a statement of account shall be filed within one year.
File be consigned to the Record Room.
(ASHWANI SARPAL)
Dt:-8-5-2008 ADDL. DISTRICT JUDGE,
DELHI.