Delhi District Court
Sunil Gupta vs State And Anr on 16 January, 2026
IN THE COURT OF DISTRICT JUDGE-05,
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
Presided by:-
Sh. Abhishek Srivastava, DHJS
PC No. 20/2022
CNR No:- DLCT01-006585-2022
Sh. Sunil Gupta,
S/o late Sh. Bhushan Gupta,
R/o 5645, Gali No. 116 B,
Sant Nagar, Khushal Chowk,
Burari, Delhi-110084. .......Petitioner
Vs.
1. State.
2. Sh. Lalit Gupta,
S/o late Sh. Bhushan Gupta,
R/o 5645, Gali No. 116 B,
Sant Nagar, Khushal Chowk,
Burari, Delhi-110084. ......Respondents
Date of Institution:-19.04.2022
Date of Judgment:- 16.01.2026
JUDGMENT
1. By this judgment, this Court shall dispose of the present petition filed by the petitioner under Section 278 of the Indian Succession Act, 1925 seeking PC No. 20/2022 Sunil Gupta Vs. State & Anr.
Judgment dated 16.01.2026 Page No. 1 of 8 grant of letters of administration in respect of Estate of deceased Late Sh. Bhushan Gupta S/o Late Sh. Geeta Ram Gupta, i.e. Locker No. L-251 and Key No. K-295 in Saving Bank Account No. 2043326176-7 maintained with Allahabad Bank, Branch Timarpur, Delhi- 110007, IFSC Code- ALLA0210394 (hereinafter referred to as 'the subject property').
2. At the outset it may be noted that the petitioner, in his application under Section 151 CPC (filed on 19.03.2025) has stated that the Allahabad Bank has been merged into Indian Bank.
3. The brief case of the petitioner is that Late Sh. Bhushan Gupta S/o Late Sh. Geeta Ram Gupta was the sole and absolute owner of the subject property and had died intestate on 06.09.2010 leaving behind the petitioner and the respondent No. 2, who were/ are his sons, as his only surviving legal heirs. It is further alleged in the petition that the wife of Sh. Bhushan Gupta i.e. mother of the petitioner and the respondent No. 2, namely Smt. Shashi Bala had predeceased Sh. Bhushan Gupta, she expired on 16.03.2008. It is further submitted in the petition that in the bank records, the name of Sh. Bhushan Gupta is recorded/ noted as Sh. B. Gupta. And, Sh. B. Gupta and Sh. Bhushan Gupta is the same person. It is further alleged that the deceased at the the time of his death was ordinarily residing at House No. 208, Kamal Vihar, Colony Sant Nagar, Delhi- 110084 which falls within the jurisdiction of this Court, as such this Court has jurisdiction to entertain the present petition. It is thus prayed for grant of letters of administration of the subject property in favour of the petitioner.
4. It is alleged in the petition that the petitioner earlier had filed an application/ petition under Section 372 of the Indian Succession Act, 1925 for grant of Succession Certificate, which was registered as SC No. 5 of 2022. Since the Bank Locker is neither a debt nor a security within the meaning of Section PC No. 20/2022 Sunil Gupta Vs. State & Anr.
Judgment dated 16.01.2026 Page No. 2 of 8 370 of the Indian Succession Act, 1925, the prayer for grant of Succession Certificate in respect of the Bank Locker was declined by the Court. There as such is no legal impediment for the petitioner to invoke the jurisdiction of this Court for grant of Letters of Administration.
5. The record of the Court file shows that upon filing of this petition, notice of the petition was directed to be issued to the respondents including respondent State through concerned District Collector/SDM. Further, citation in terms of Section 283 of Act was directed to be published in newspapers "The Statesman"
(English) and "Veer Arjun" (Hindi) calling upon all the persons claiming interest in the estate of the deceased to come and see proceedings and file objections before grant of Letters of Administration vide Order dated 07.07.2022. Citation was also directed to be displayed on the notice board of the Court and in the office of the concerned SDM office where the property in question was situated.
6. As per records, citation was duly published in the newspaper "The Statesman" dated 22.07.2022 and "Veer Arjun" dated 25.07.2022. The Citation was also published on the notice board of this Court and of the concerned SDM. As per order dated 20.09.2022, the respondent No. 2 was served with the notice of the petition on 20.07.2022. However, since respondent No. 2 had failed to appear or file objections despite service, the respondent No. 2 was proceeded ex- parte vide order dated 20.09.2022. No objections to the present petition, however, were received by this court from any member of the public, despite expiry of a sufficient period from the date(s) of publication of citation.
7. In order to substantiate his case, the petitioner examined one Sh. Mohan Singh, Record Keeper from Indian Bank as PW-1, and himself as PW-2.
PC No. 20/2022Judgment dated 16.01.2026 Page No. 3 of 8
8. Sh. Mohan Singh, Record Keeper from Indian Bank has been examined as PW1. He has brought the summoned documents which are collectively exhibited as Ex.PW1/A (Colly).
9. The petitioner Sh. Sunil Gupta examined himself as PW-2 in support of averments made in the petition and has tendered his evidence by way of affidavit Ex.PW2/A alongwith the following documents:-
(i) Mark A: Copy of death certificate of Late Sh. Bhushan Gupta
(ii) Mark B: Copy of death certificate of Late Smt. Shashi Bala
(iii) Ex.PW2/1 (OSR): Copy of Bank Passbook in the name Sh. B Gupta having A/c No. 2043326176-7 maintained with Allahabad Bank
(iv) Ex.PW2/2: Letter dated 16.03.2022 written by the deponent to the Allahabad Bank
(v) Mark C: Copy of order dated 13.01.2022 passed by the then Ld. ACJ- cum-ARC (Central), THC
(vi) Ex.PW2/3: Copy of notice issued by erstwhile Allahabad Bank to the deceased father of the deponent
(vii) Ex.PW2/4 (OSR): Copy of Voter ID Card of deceased father of the deponent
10. No other witness was examined on behalf of the petitioner. A separate statement of the petitioner was recorded to this effect. On the submission of the Ld. counsel for the petitioner, PE was closed vide order dated 29.07.2024 and matter was fixed for ex-parte final arguments.
11. In the meantime an application for appointment of the Local Commissioner for preparing a list of the articles lying in the aforesaid locker and for valuation thereof was filed on behalf of the petitioner, which was allowed by this Court vide Order dated 20.09.2024. The learned Local Commissioner filed his report on 14.05.2025.
PC No. 20/2022Judgment dated 16.01.2026 Page No. 4 of 8
12. Final arguments have accordingly been heard on behalf of the petitioner. It is submitted by the Ld. Counsel for the petitioner that Late Sh. Bhushan Gupta was the sole and absolute owner of the subject property and had died intestate on 06.09.2010 leaving behind the petitioner and the respondent No. 2 as his only surviving legal heirs and the subject property had devolved upon them. That the petitioner is one of the legal heirs of the deceased who is entitled to share on the distribution of the deceased intestate's estate, there as such is no hindrance in grant of Letters of Administration qua the subject property in favour of the petitioner.
13. I have heard the submissions made on behalf of the petitioner and have also carefully perused the material available on the record. A perusal of record reveals that the present petition has been filed by the petitioner, being one of the legal heirs of deceased Sh. Bhushan Gupta, while making requisite averments as per the provisions of Sections 278 and 279 of the Act. Petitioner, through the uncontroverted testimony of PW-2, has been able to prove that the deceased Sh. Bhushan Gupta died intestate on 06.09.2010 and at the time of his death had a fixed place of abode within the jurisdiction of this court and was survived by two legal heirs i.e. petitioner and the respondent No. 2.
14. As already noted, despite service, the respondent No. 2 has failed to appear or file objections. Further, this court is in agreement with submissions of Ld. counsel for the petitioner that the petitioner being one of the legal heirs of the deceased is entitled to have a share on the distribution of the deceased intestate's estate. There as such is no hindrance in grant of Letters of Administration qua the subject property in favour of the petitioner.
15. During the course of arguments, a clarification was sought from the petitioner as to how he had established that Sh. Bhushan Gupta, in whose name the bank locker stands, is indeed his father, particularly since the name of the PC No. 20/2022 Sunil Gupta Vs. State & Anr.
Judgment dated 16.01.2026 Page No. 5 of 8 father of late Sh. Bhushan Gupta does not appear in the bank records. It was submitted on behalf of the petitioner that certain documents belonging to his father were found in the said bank locker (as mentioned in Ld. Local Commissioner report), photocopies whereof are in his possession and were also produced before the Court. The petitioner further produced the original locker key bearing No. 295. A separate statement of the petitioner in this regard was also recorded in this court.
16. This court as such is of the considered view that there is no hindrance in grant of Letters of Administration in favour of the petitioner in respect of the estate of deceased Late Sh. Bhushan Gupta S/o Late Sh. Geeta Ram Gupta, i.e. Locker No. L-251 and Key No. K-295 in Saving Bank Account No. 2043326176-7 maintained with Indian Bank (erstwhile Allahabad Bank), Branch Timarpur, Delhi- 110007, IFSC Code- ALLA0210394.
17. Hon'ble Delhi High Court in Shubhra Singhal V/s State & Ors (Test. Cas. 54/2010, Date of Decision: 22.05.2013) held:
"14. The grant of a Letter of Administration requires the grantee to whom the grant is made to collect the estate and to distribute the same amongst the rightful claimants..."
18. Hon'ble Delhi High Court in Ramesh Chand Sharma V/s State & Ors (Test. Cas. 66/2011, Date of Decision: 20.01.2015) held:-
"13 The purpose of grant of letters of administration is only to enable the administrator so appointed by the Court to collect/assimilate the properties of the deceased and to deal with the various authorities with whom the properties of the deceased may be vested or recorded and thereafter the same be transferred in the names of the successors in accordance with law of succession applicable to the deceased. The administrator in the course of the proceedings is required from time to PC No. 20/2022 Sunil Gupta Vs. State & Anr.
Judgment dated 16.01.2026 Page No. 6 of 8 time to file the accounts in the Court with respect to the administration of the estate of the deceased."
19. Once a Letters of Administration has been granted, grantee is responsible to the Court and is required to carry out the directions faithfully, diligently and effectively; that the administrator would avoid occurrence of personal consideration in the matter of administration and would perform various duties and functions with all efficiency, integrity and honesty and the administrator is entrusted to act in a fiduciary capacity. (Reliance is placed on judgment passed by Hon'ble Supreme Court in Illachi Devi V/s Jain Society, protection of Orphans India ; (2003) 8 SCC 413. Since, this Court finds the petitioner a fit person for grant of Letters of Administration, he is to act accordingly.
20. So far as the issue of jurisdiction of this Court to grant the Letters of Administration is concerned, since, late Sh. Bhushan Gupta at the time of his death had a fixed place of abode within the jurisdiction of this court and even the subject property i.e. bank locker, which is subject matter of the present petition, also falls within the jurisdiction of this Court, in the considered opinion of this court, this Court has jurisdiction to grant letters of administration in respect of the estate left behind by the deceased Sh. Bhushan Gupta i.e. the subject property.
21. Thus, in view of uncontroverted testimony of PW2, the present petition being in compliance with the provisions of Section 278 and 279 of the Indian Succession Act, 1925, petitioner is entitled to grant of letters of administration qua the estate of the deceased Late Sh. Bhushan Gupta S/o Late Sh. Geeta Ram Gupta, i.e. Locker No. L-251 and Key No. K-295 in Saving Bank Account No. 2043326176-7 maintained with Indian Bank (erstwhile Allahabad Bank), Branch Timarpur, Delhi- 110007, IFSC Code- ALLA0210394.
22. The learned Local Commissioner by his report filed on 14.05.2025 placed on record the contents of the Locker No. L-251 along with the valuation thereof.
PC No. 20/2022Judgment dated 16.01.2026 Page No. 7 of 8 As per the reports, articles lying in locker No. L-251 are worth Rs. 12,12,019/- (Rupees Twelve Lakh Twelve Thousand Nineteen Only).
23. In view of the aforesaid discussion, I hereby order that the letters of administration of the estate of deceased Late Sh. Bhushan Gupta S/o Late Sh. Geeta Ram Gupta, i.e. Locker No. L-251 and Key No. K-295 in Saving Bank Account No. 2043326176-7 maintained with Indian Bank (erstwhile Allahabad Bank), Branch Timarpur, Delhi- 110007, IFSC Code- ALLA0210394 be granted to the petitioner Sh. Sunil Gupta in the Form provided under Schedule VII of the Indian Succession Act, 1925 under the seal of this Court, subject to his furnishing Administration Bond with Surety in terms of Section 291 of the Indian Succession Act in Form No.180 of Volume 6A of Delhi High Court Rules and payment of requisite Court fee within three months from today. The petitioner is directed to exhibit the inventory in the Court within six months of the grant and account of the estate within a year of the grant in terms of Section 317 of the Indian Succession Act, 1925 in Form No. 178 & 179 respectively of Volume-6A of the Delhi High Court Rules.
24. Before parting with this judgment, it is hereby clarified that since this Court is not supposed to go into the issue of title of deceased Sh. Bhushan Gupta over the subject property, this Court has not examined the issue of ownership of the subject property and accordingly, nothing in the present order shall be deemed to have the effect of conferring any title over the subject property to the petitioner.
25. Ordered accordingly.
(Announced in the open court on this 16th day of January, 2026 This Judgment consists of Eight signed pages).
(Abhishek Srivastava) District Judge-05, Central, THC, Delhi Digitally signed by ABHISHEK ABHISHEK SRIVASTAVA SRIVASTAVA Date:
2026.01.16 15:59:56 +0530 PC No. 20/2022 Sunil Gupta Vs. State & Anr.
Judgment dated 16.01.2026 Page No. 8 of 8