Delhi District Court
Shyam Sunder vs . State & Ors. on 19 July, 2018
Digitally
signed by
AJAY GULATI
AJAY Date:
GULATI 2018.07.19
16:42:00
+0530
Shyam Sunder vs. State & Ors.
IN THE COURT OF DR. AJAY GULATI, ADDL. DISTRICT JUDGE,
ROOM NO. 606, SAKET COURTS, SOUTH DISTRICT,
NEW DELHI
In the matter of
PC No. 44/2017
Filing No. 3283/2017
CNR No. DLST010088932017
Shyam Sunder
S/o Late Sh. Chauthu
R/o M15, Malviya Nagar,
New Delhi.
................Petitioner
Versus
1. State
2. Sh. Pulkit Kathpal
S/o Late Sh. Manish Kathpal
R/o M15, Malviya Nagar,
New Delhi.
Represented through Shyam Sunder/petitioner
3. Smt. Asha Rani
W/o Sh. Shyam Sunder
R/o M15, Malviya Nagar,
New Delhi.
4. Smt. Sonia
W/o Sh. Amit Khurana
R/o E2/11, IIIrd Floor, Malviya Nagar,
New Delhi110017.
.............Respondents
PC No.44/2017 Page no. 1 of 8
Shyam Sunder vs. State & Ors.
Date of Institution : 13.11.2017
Date of reserving the judgment: 19.07.2018
Date of pronouncement : 19.07.2018
Decision : Allowed.
PETITION FOR GRANT OF LETTERS OF ADMINISTRATION IN
RESPECT OF THE ESTATE OF LATE MANISH KATHPAL UNDER
INDIAN SUCCESSION ACT, 1925.
JUDGMENT
1. The present petition was filed under the Indian Succession Act, 1925 for grant of letters of administration to the petitioner in respect of ½ (half) undivided share in property/shop bearing No. G35, Ground Floor, Varadhaman Fashion Mall, LSC, Pitampura, New Delhi which property was in the part ownership of late Sh. Manish Kathpal.
BRIEF FACTS
2. As per the averments made in the petition, Sh. Manish Kathpal was the son of the petitioner. He expired intestate on 18.08.2011 at Batra Hospital, Tuglakhabad Industrial Area, New Delhi, leaving behind the petitioner as his class II heir PC No.44/2017 Page no. 2 of 8 Shyam Sunder vs. State & Ors.
and respondent No.2 to 4 as his class I legal heirs. It was averred that Late Manish Kathpal got married in the year 2008 with Smt. Sonia Kathpal. Out of the said wedlock, a son was born on 5.9.2009, namely Sh. Pulkit Kathpal who has been arrayed as respondent no.2 and who is being represented by the petitioner, being his paternal Grandfather. It is also averred that Smt. Sonia Kathpal respondent no.4 (wife of late Sh. Manish Kathpal) got remarried on 14.09.2013 after the death of her husband Manish Kathpal. Thereafter, petitioner has been taking care of the minor child Pulkit Kathpal/respondent no.2 and also bearing his expenses on education, enjoyment, food, clothing etc. It has been further averred that during the life time of late Manish Kathpal, the petitioner had purchased from his own funds and after obtaining a Bank loan, shop bearing No. G35, Ground Floor, Varadhaman Fashion Mall, LSC, Pitampura in the name of his 2 sons, namely Manish Kathpal and Hitesh Kumar. Application for the allotment of commercial space, and copy of the agreement executed between Vardhman Properties Ltd and Late Manish Kumar & Hitesh Kumar in respect of Shop No. G 35 along with the possession letter of the said shop were annexed to the plaint.
3. It was submitted that Ms. Sonia wife of deceased had PC No.44/2017 Page no. 3 of 8 Shyam Sunder vs. State & Ors.
also executed an affidavit/NOC in respect of the property in question that she will not raise any claim, right or interest in the 50% undivided share of the shop no.35, Ground Floor, Vardhaman Fashion Mall, Pitampura, New Delhi i.e. the interest of her late husband. A copy of the affidavit/NOC was also annexed to the petition.
4. It was finally averred that the brother of the deceased namely Sh. Hitesh Kumar had also executed a power of attorney in respect of his share in the shop No. G35, in favour of the petitioner copy of which was attached to the petition.
5. It was submitted that no other application had been filed in any Court for the grant of letters of administration in respect of the shop in question. Perusal of death certificate of Manish Kathpal shows his permanent address to be M15/A, Malviya Nagar, New Delhi. This Court thus has territorial jurisdiction to entertain the petition. Consequently, the present petition for grant of letters of administration in respect of the immovable estate of Late Manish Kathpal has been preferred i.e. Shop No. G35, Ground Floor, Varadhaman Fashion Mall, LSC, Pitampura, New Delhi.
6. Despite publication of citation in the newspaper "The Statesman" dated 23.12.2017, and proclamation in Saket Court Complex, none appeared from the general public/State PC No.44/2017 Page no. 4 of 8 Shyam Sunder vs. State & Ors.
to join the proceedings.
7. On service of summons, respondent No.2 to 4 have put in appearance before the Court. Respondent no.2, minor grandson of the petitioner also appeared in the Court and on Court query, he submitted that he lives with his grandparents during the day since his mother is a working lady. Respondent nos. 3 & 4 have submitted that they have no objection to the grant of letters of administration in favour of the petitioner in respect of the immovable property i.e. G35, Ground Floor, measuring 232 sq. ft, Vardhaman Fashion Mall, Pitampura. Separate statements of the respondent nos. 3 & 4 were recorded to the effect that they have no objection to the grant of letters of administration in favour of the petitioner.
8. In view of the above, the matter became non contentious and was accordingly fixed for petitioner's evidence.
EVIDENCE ADDUCED
9. Petitioner in order to prove his case, examined himself as PW1.
10. PW1 tendered his evidence by way of affidavit Ex.PW1/B and relied on the following documents:
PC No.44/2017 Page no. 5 of 8 Shyam Sunder vs. State & Ors.
1. Copy of the agreement executed between M/s Vardhman properties Ltd with Sh. Manish Kumar and Hitesh Kumar and application for the allotment of commercial space as Ex.PW1/2.
2. Copy of possession letter of property No. G35, Ground Floor, Vardhman Fashion Mall as Ex.PW1/3. (OSR).
3. Copy of Canara Bank pass book exhibited as Ex.P1/4.
4. Copy of NOC/affidavit executed by respondent no.4 Smt. Sonia (wife of the deceased) dated 31.8.2016 as Ex.PW1/5. (OSR)
5. Copy of power of attorney dated 1.12.2006 executed by Hitesh Kumar (brother of the deceased/son of the petitioner) in favour of Shyam Sunder (petitioner) as Ex.PW1/6. (OSR)
6. Original death certificate of Manish Kathpal as Ex.PW1/7. The present petition was also exhibited as Ex.PW1/A. Copy of Canara Bank pass book Ex.PW1/1 was deexhibited and marked as Mark A.
11. No other witness was examined by the petitioner and consequently, the petitioner's evidence was closed.
FINDINGS
12. I have heard the final submissions advanced by the PC No.44/2017 Page no. 6 of 8 Shyam Sunder vs. State & Ors.
Learned counsel for the petitioner and have minutely gone through the record and the evidence adduced by the petitioner. The present case became uncontentious due to non appearance of any person from the general public to contest the probate as well as absence of any objections from the private respondents. I have also gone through the valuation report in respect of the property bearing No.G35, Ground Floor, Varadhaman Fashion Mall, LSC, Road No.43, Pritampura, New Delhi.
13. The averments made in the petition remained unrebutted. No counter evidence has been led by the respondents. The testimony of PW1 remained unrebutted in the absence of any cross examination by the respondent/State and there is no reason to disbelieve the same. Hence, in view of the above discussion, petitioner is entitled to be granted letters of administration in respect of the ½ undivided share of late Manish Kathpal in property/shop bearing No.G35, Ground Floor, Varadhaman Fashion Mall, LSC, Road No.43, Pritampura, New Delhi110034.
14. However, letters of administration will be issued to the petitioner on the prescribed form VII but it would be subject to
- (i) filing of appropriate stamp/Court fee; (ii) furnishing of Administration Bond and Surety Bond by the petitioner, both PC No.44/2017 Page no. 7 of 8 Shyam Sunder vs. State & Ors.
of which can be filed within a period of one and half month from today; (iii) he will furnish full and true inventory of the said property and credits and exhibit the same in the Court within six months from the date of grant of Certificate on prescribed Form No. 178 and; (iv) to render true account of said property and credits within one year on prescribed Form No. 179.
15. Further, it is made clear that allowing of petition for grant of letters of administration would not tantamount to be any declaration of the title of the deceased to the estate in respect of which the letters of administration has been sought.
16. File be consigned to record room after due compliance.
ANNOUNCED IN THE OPEN (DR. AJAY GULATI)
COURT ON 19.07.2018 ADDL. DISTRICT JUDGE02
SOUTH, SAKET COURTS,
NEW DELHI
PC No.44/2017 Page no. 8 of 8