Delhi District Court
Smt. Harbinder Kaur Jaiswal vs State & Ors. on 17 October, 2014
Smt. Harbinder Kaur Jaiswal Vs State & Ors.
In the Court of Additional District Judge02, South District,
Room No. 602, Sixth Floor, Saket Courts Complex, New Delhi
In the matter of :
PC No. 67/12
(1) Smt. Harbinder Kaur Jaiswal, ... Petitioners
W/o Sh. Jaswant Singh Jaiswal,
D/o Sh. Gurdial Singh and Smt. Balbir Kaur,
R/o C2/3, Rana Pratap Bagh,
Delhi110007
(2) Smt. Charanjit Kaur
W/o Late Sh. Amar Singh,
D/o Sh. Gurdial Singh and Smt. Balbir Kaur,
R/o WB254, Ali Mohalla,
Jalandhar City, Punjab
(3) Smt. Rajinder Kaur,
W/o late Sh. Pashora Singh Jaswal,
D/o Sh. Gurdial Singh and Smt. Balbir Kaur,
R/o 290, Adarsh Nagar,
Jalandhar City, Punjab.
Versus
1. The State (General Public)
2. Sh. Manjit Singh Kambo
S/o Sh. Gurdial Singh and Smt. Balbir Kaur
PC no.67/12 Page 1 of 7
Smt. Harbinder Kaur Jaiswal Vs State & Ors.
(since deceased through his L.Rs. Namely:
i) Narinder Singh Kambo - Son;
ii) Talvinder Singh Kambo Son;
iii) Parminder Kaur Kambo Daughter;
All residents of 113,
Featherstone Road, South Hall,
Middle Sex 4B25 AQ England (U.K.)
3. Sh. Trilochan Singh Kambo
S/o Sh. Gurdial Singh and Smt. Balbir Kaur,
(Since deceased through his L.Rs. namely:
i) Ms. Sukhvinder Kaur Harish,
W/o Sh. Shital Singh Harish,
D/o Sh. Trilochan Singh Kambo,
R/o 80, Raileigh Road,
South Hall Middle Sex 4B2 5TB,
England, U.K.
ii) Ms. Tajender Kaur Veerpal,
W/o Sh. Sukhdev Singh,
D/o Sh. Trilochan Singh Kambo,
R/o 11, Broad Walk Hounslow Middle Sex,
Landon, U.K. TW59 A4.
iii) Ms. Pritpal Kaur Rakahro.
W/o Sh. Amarjeet Singh,
D/o Sh. Trilochan Singh Kambo,
R/o 43, Camp Road, Gerrard Cross Bucks 5297 PG
Landon U.K.
PC no.67/12 Page 2 of 7
Smt. Harbinder Kaur Jaiswal Vs State & Ors.
iv) Ms. Manminder Kaur
W/o Sh. Tejinder Singh,
D/o Sh. Trilochan Singh Kambo,
R/o 25, Great South West Road, Hounslow Middle Sex
TW3 4 DN England, U.K.
...Respondents
Date of filing : 19.05.2012
Date of Institution : 29.05.2012
Decision Reserved on : 25.09.2014
Date of Decision : 17.10.2014
JUDGMENT
(On petition under the Indian Succession Act for grant of Letter of Administration).
1.1 Smt. Balbir Kaur wife of Sh. Gurdial Singh was bona fide resident of House no.26, Arjun Nagar, New Delhi and she was absolute owner of House no.26, measuring 200 sq.yds approximately as per revenue record of Hauz Khas, District South Delhi, vide Khatoni no.56 Min. (the khasra kirdawri is now Ex.PW1/3) also known as Arjun Nagar, New Delhi (hereinafter referred the subject property). Smt. Balbir Kaur died on 27.02.1983 at 113, Featherstone Road, Southal, Middlesex, UB2 SAQ (her death certificate is now Ex. PW1/4) and Sh. Gurdial Singh predeceased her, died on 02.12.1989 (his death certificate is now Ex.PW1/4A).
PC no.67/12 Page 3 of 7 Smt. Harbinder Kaur Jaiswal Vs State & Ors.
1.2 Smt. Balbir Kaur was survived by three daughters and two sons namely (i) Smt. Harbinder Kaur petitioner no.1, (ii) Smt. Charanjit Kaur petitioner no.2, (iii) Smt. Rajinder Kaur petitioner no.3, (iv) Sh. Manjit Singh Kambo, son (who died on 14.01.2006 at Ealing Hospital, Southhall, Landon; his death certificate is now Ex.PW1/7) (v) Sh. Tarlochan Singh Kambo, son (who died on 13.11.1987, his death certificate is now Ex.PW1/5).
Sh. Manjit Singh Kambo has left behind him three legal representatives (two sons and a daughter), they have been shown in the array of respondent no.2 (their identity proof of passport/ID proof are now Ex.PW1/6 collectively) and Sh. Tarlochan Singh Kambo has left behind him four legal representatives(four daughters), they have been shown in the array of respondent no.3 (their identity proof of passport/ID proof are now Ex.PW1/8 collectively).
1.3 The three petitioners and legal representatives of deceased brothers of the petitioner are entitled 1/5th share each in respect of subject property, which is located within the jurisdiction of present Court and there is no legal impediment for letter of administration.(at the time of arguments it is explained that the petition was named for succession certificate but it PC no.67/12 Page 4 of 7 Smt. Harbinder Kaur Jaiswal Vs State & Ors.
is to be treated for letter of administration).
2.1 The citation was published in the Statesmen dated 07.09.2012 as well as in the Court complex, however, none come forward from the general public to participate the proceedings. The citation was also sent to all persons arrayed as LR of deceased, shown as respondents no.2 and 3; appearance was also filed for the said respondents. (In fact to reflect the names of deceased brothers of petitioner, their names alongwith legal representatives/heirs have been shown in the array of respondents, that is why their names have been reflected accordingly). Moreover, valuation report has also been called from the office of SDM of concerned area but it was not furnished, ultimately valuation report has been filed of approved valuer. 2.2 Since there was no reply or opposition to the petition, therefore, the case was put to petitioners' evidence. 2.3 The petitioner no.1 Smt. Harbinder Singh Jaiswal entered into the witness box not only as an attorney of LRs of respondent no.3 (vide special power of attorney Ex.PW1/1) but also as an attorney of LRs PC no.67/12 Page 5 of 7 Smt. Harbinder Kaur Jaiswal Vs State & Ors.
of respondent no.3 (vide special power of attorney Ex.PW1/2). She also tendered other record during her statement, either the same are identity proof of legal heirs of deceased brothers of petitioner or death certificates of her parents vis a vis the revenue record of property in the name of her mother. Then evidence was closed.
2.4 At the stage of final arguments, Sh. Vinod advocate argued finally for the petitioner.
3. (FINDING) The contentions are assessed, in the light of record and unchallenged testimony of petitioner no.1. The case of petitioner alongwith document has already been complied in paragraph 1 above. Smt. Balbir Kaur had five children, their details had also been given in paragraph 1 above. However, petitioners two brothers had expired, their legal heirs are enumerated in array of respondent no.2 and 3. They all are classI legal heir as per schedule appended with the Hindu Succession Act, 1956. The deceased Smt. Balbir Kaur died interstate on 27.02.1983, leaving behind her legal heirs and the subject property, which is located in Arjun Nagar, New Delhi in South Delhi.
Thus, the petition has been proved by the petitioners, they PC no.67/12 Page 6 of 7 Smt. Harbinder Kaur Jaiswal Vs State & Ors.
are entitled for letter of administration in terms of provisions of 278 of the Indian Succession Act, 1925, however, the appropriate certificate on scheduleVII appended with the Act 1925 will be issued, subject to furnishing the appropriate advalorem court fees (the valuation of property is of Rs.1,07,44,000/) and administrative bond alongwith sound surety to comply the terms of certificate vis a vis true inventory on prescribed form no. 178 will be furnished within six months and true account on prescribed form no. 179 will be furnished within one year from the date of issuance of certificate. The proper Court fees and administrative bond with sound surety will be furnished within period of one and a half month.
File be consigned to record room.
Announced in the open Court (INDER JEET SINGH)
today Asvina 25 Saka, 1936 Addl. District Judge02 (South),
th
Saket New Delhi / 17.10.2014
PC no.67/12 Page 7 of 7