Delhi District Court
Devender Singh vs . State Of Nct Of Delhi on 1 June, 2015
Devender Singh Vs. State of NCT of Delhi
In the Court of Additional District Judge02, South District,
Room No. 602, Sixth Floor, Saket Courts Complex, New Delhi
In the matter of :
PC/ LA No. 23/2014
Unique No.02406C0112862014
Sh. Devender Singh, S/o Shri Rampat,
R/o H.No. M57, Malviya Nagar,
New Delhi110057. ...Petitioner
Versus
1. State of NCT of Delhi
New Delhi.
2. SDM,
District South, M.B. Road, Saket,
New Delhi110017.
3. Sh. Pradeep Malik, S/o Sh. Pradosh Malik
154, Mount of Kailash,
Near Junior DPS, New Delhi110065. ... Respondents
Date of filing : 09.05.2014
Date of Institution : 10.05.2014
Decision reserved on : 01.06.2015 (forenoon)
Date of Decision : 01.06.2015
PC/LA No. 23/14 Page 1 of 6
Devender Singh Vs. State of NCT of Delhi
JUDGMENT
(on Petition u/s 276 of the Indian Succession Act, 1925 for grant of letters of administration) Petitioners' Case 1.1 Ms. Gayatri Singh (who died on 08.07.2013, her death certificate is now Ex. PWA; hereinafter as the deceased) and petitioner Sh. Devender Singh married on 05.10.1996 at Lucknow, U.P. however no child was born to them out of this wedlock. Smt. Gayatri Singh was diagnosed of cancer in August 2012, she died intestate at B126, Ground Floor, Backside Flat, Malviya Nagar, New Delhi110017 being the permanent residence. Her parents predeceased her long back, however, the respondent no. 3 Sh. Pradeep Malik is her brother.
1.2 The Petitioner, being husband of deceased, filed the petition in respect of immovable property of deceased, described in ScheduleI (which is H.No. M57B, IIIrd Floor, Malviya Nagar, New Delhi, the sale deed in favour of Gayatri Singh is now Ex. PW2/A hereinafter referred as estate of the deceased), but no other application has been filed for certificate in respect of the estate of the deceased. The immovable property is situated within the local jurisdiction of the present court, that is why the petition. PC/LA No. 23/14 Page 2 of 6 Devender Singh Vs. State of NCT of Delhi Proceedings 2.1 The citation to the petition was issued to the general public, inviting them to join the proceedings, by way of publication in the Statesman dated 08.07.2014, in Court Complex, Saket as well as in the office of District Magistrate and SubDivisional Magistrate, M.B. Road, New Delhi. However, no one came forward to join the proceedings from general public/ State/ respondent no. 1. However, the respondent no. 2, the area Collector, furnished valuation report of the estate of deceased. 2.2 Citation was also issued to respondent no. 3, who appeared through his counsel Sh. Naveen Bansal, Advocate, the respondent no. 3 also filed his affidavit dated 30.08.2014 by narrating and declaring that he has no objection to allow the petition in favour of petitioner. 2.3 Since there were no objections from any quarter, the case being noncontentious, the petitioner was given opportunity to lead evidence. Evidence & final hearing 3.1 In order to establish the petition, petitioner Sh. Devender Singh/ PW1 stepped into the witness box, he deposed on the lines of petition by tendering death certificate (Ex. PW1/A) of his wife Smt. Gayatri Singh and copy of sale deed/ Mark A/PW1 and concluded his statement. He also got PC/LA No. 23/14 Page 3 of 6 Devender Singh Vs. State of NCT of Delhi examined Sh. Tejinder, UDC, from the office of SubRegistrar V, Mehrauli, to prove registered sale deed (Ex. PW2/A), in respect of estate of deceased and then evidence was closed. The case came for final hearing. 3.2 At the juncture of final hearing, Sh. Rajeev Chauhan, Advocate for petitioner presented final submission, while reiterating the case, with a submission that petitioner being husband/ legal heir of deceased is exclusively entitled for letters of administration, there is no legal impediment and respondent no. 3 has already given his no objection. The petitioner is entitled for letters of administration.
Findings:
4. The contentions of petitioner are assessed in the light of facts and feature of the case vis a vis statutory provisions of law, particularly section 278 of Indian Succession Act and section 15 of the Hindu Succession Act, 1956 in respect of general rules of succession, when a female Hindu dies intestate.
The deceased survived her husband Sh. Devender Singh and also her brother/ respondent no. 3. The respondent no. 3 does not fall in the category of classI legal heir. Section 15 of the Act, 1956 lays down general rule of succession in case a female Hindu dies intestate, it classifies five PC/LA No. 23/14 Page 4 of 6 Devender Singh Vs. State of NCT of Delhi categories viz. defining the persons under clause (a) to clause (e) with an arrangement that succeeding class will be considered in case none is present in the previous class. The clause (a) is to devolve the property upon sons and daughters and the husband. The deceased died without child, therefore, the petitioner being husband is covered by section 15(1) (a) of the Act, 1956, there is no need to see the succeeding classes under sub rule 1 of section 15 of the Act, 1956. Thus, respondent no. 3 is not covered by section 15(1) (a) of the Act, 1956. Moreover, the respondent no. 3 has also given his no objection to allow the petition.
5. Therefore, it is held that the petitioner has succeeded to establish the petition for Letter of Administration (in respect of immovable property, shown in ScheduleI to the petition, its sale deed is Ex. PW2/A in respect of IIIrd Floor with terrace right in property No. M57B measuring 100 sq. yds. Malviya Nagar, New Delhi), however, the Letter of Administration will be issued on prescribed form VII but it would be subject to - (i) filing of appropriate of Court fee; (ii) and the petitioner furnish Administration Bond, both of them could be filed on or before 31st July 2015; visavis subsequently,
(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 PC/LA No. 23/14 Page 5 of 6 Devender Singh Vs. State of NCT of Delhi property and credits within one year on prescribed Form No. 179.
However, it is made clear that allowing of petition for letters of administration would not be tantamount to be any declaration of title of estate of deceased.
Accordingly, the petition stands disposed off.
File be consigned to record room.
Announced in the open Court today (Inder Jeet Singh ) on Monday, 11 Jayaistha, Saka 1937 Additional District Judge02 (South), Saket / New Delhi /01.06.2015 PC/LA No. 23/14 Page 6 of 6 Devender Singh Vs. State of NCT of Delhi PC/LA No. 23/14 01.06.2015 Present : Petitioner with counsel Sh. Rajeev Chauhan for petitioner None for State/ General public/ respondent no. 1.
None for, from the office of SDM/ respondent no. 2, however valuation report has already been furnished, but it is in respect of entire property whereas the estate is of third floor in the property no. M57B, Malviya Nagar, New Delhi11.0017.
None for respondent no. 3.
Final arguments are heard and concluded.
Vide separate judgment announced today, the petition is allowed for Letter of Administration (in respect of immovable property, shown in ScheduleI to the petition, its sale deed is Ex. PW2/A in respect of IIIrd Floor with terrace right in property No. M57B measuring 100 sq. yds. Malviya Nagar, New Delhi), however, the Letter of Administration will be issued on prescribed form VII but it would be subject to - (i) filing of appropriate of Court fee; (ii) and the petitioner furnish Administration Bond, both of them could be filed on or before 31st July 2015; visavis subsequently, (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. PC/LA No. 23/14 Page 7 of 6 Devender Singh Vs. State of NCT of Delhi Cont...
:2: 178 and; (iv) to render true account of said property and credits within one year on prescribed Form No. 179. The area SubDivisional Magistrate has furnished the valuation report of entire property comprising basement, ground floor, first floor, second floor and third floor whereas the estate is of third floor, therefore, the petitioner is required to pay proportionate court fee and Ld. counsel for petitioner requests copy of valuation report to cull out proportionate value, copy of valuation report is provided for compliance.
Accordingly, the petition stands disposed off.
File be consigned to record room.
(Inder Jeet Singh)
ADJ02 (South), Saket
M New Delhi / 01.06.2015
PC/LA No. 23/14 Page 8 of 6