Mrs. Patricia Ansari @ Jamila Patricia ... vs State Of Nct Of Delhi on 24 September, 2021

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Delhi High Court - Orders

Mrs. Patricia Ansari @ Jamila Patricia ... vs State Of Nct Of Delhi on 24 September, 2021

Bench: Sanjeev Narula

$~20
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      TEST. CAS. 5/2021
       MRS. PATRICIA ANSARI @ JAMILA PATRICIA
       ANSARI & ANR.                              ..... Petitioners
                     Through: Mr. Rakesh Kumar Singh, Advocate,

                          versus

       STATE OF NCT OF DELHI                                 ..... Respondent
                     Through:           None.

     CORAM:
     HON'BLE MR. JUSTICE SANJEEV NARULA
             ORDER

%            24.09.2021
[VIA VIDEO CONFERENCING]

I.A. 1536/2021 (by P-1 under Order 31 r/w Order 32 Rule 4 r/w Section 151, CPC seeking allowing P-2 to represent P-1)

1. By way of this application, it is sought that Petitioner No. 1 [Mrs. Patricia Ansari @ Jamila Patricia Ansari] the sister of the testatrix, be appointed as the next friend of Petitioner No. 2 [Mr. Sabir Samuel James], son of the testatrix, who has 90% Down's Syndrome - as certified by a disability certificate No. DCC/2112/2019/GIPMER dated 27th November, 2019 issued by Dr. Sanjay Pandey, Professor (Neurology), Govind Ballabh Pant Hospital, New Delhi. On 20th May 2021, Dr. Pandey had joined the proceedings virtually and confirmed issuing the said certificate (as noted in the daily order dated 20th May 2021).

2. In view of the above, the present application is allowed, and Petitioner No. 1 is allowed to represent Petitioner No. 2 as the next friend in respect of the present petition for letters of administration.

3. The application is disposed of.

TEST.CAS. 5/2021

4. This is a petition under Section 278 of the Indian Succession Act, 1925 by seeking letters of administration with the annexed last will of late Ms. Henrietta Yasmin James (the testatrix).

5. In the list of near relatives at para no. 10 and 12 of the petition, it has been averred that Petitioner No. 2 was the child of the testatrix with her husband Mr. G. M. James. It is also averred that the whereabouts of Ravinder James, whose is named in Petitioner No. 2's birth certificate, are not known, and the Court should presume that Ravinder James is dead, in view of Section 108 of the Indian Evidence Act, 1872.

6. In the opinion of the Court, such a presumption can only be drawn once the burden of proof has been discharged by the Petitioner. Simply on the basis of the averments made in the petition, such a presumption cannot be drawn.

7. At this stage, counsel for the Petitioner makes an oral request to implead Mr. Ravinder James as a respondent. The request is allowed.

8. Mr. Ravinder James is impleaded as Respondent No. 2. Amended memo of parties be filed in the Court within one week.

9. Issue notice to the State through the Sub Divisional Magistrate (SDM)/Chief Controlling Revenue Authority (CCRA) of the district within which the disclosed immoveable properties of the testatrix are located, for filing of valuation report within six weeks of service.

10. Counsel for Petitioners to furnish the addresses of the concerned SDM/CCRA of the concerned district.

11. Citation be also published in newspapers - Statesman (in English) and Jansatta (in Hindi); by affixation on the Notice Board of concerned District Court and this Court. Citations to be filed with the Registry before the next date of hearing.

12. Issue notice to Respondent No. 2, as per the amended memo of parties to be filed, by all permissible modes including dasti, returnable on the next date.

13. List before the Joint Registrar for completion of service on 23rd November, 2021.

SANJEEV NARULA, J SEPTEMBER 24, 2021 nk

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Delhi High Court - Orders