Delhi District Court
Sh. Sanjiv Chatrath vs The State (Nct Delhi) on 14 October, 2013
IN THE COURT OF SH. SUNIL RANA
ADDITIONAL DISTRICT JUDGEII: ROHINI COURTS: DELHI
PC NO. 83A/11
Unique Code No. 02404C 0299902011
1. Sh. Sanjiv Chatrath
R/o E967, Saraswati Vihar,
Pitam Pura, New Delhi110034
2. Sh. Rajiv Narain Chatrath
R/o E967, Saraswati Vihar,
Pitam Pura, New Delhi110034
....... Petitioners
Vs.
The State (NCT Delhi) .......Respondent
Date of Institution : 24.10.11
Date on which the case was reserved for order : 04.10.13
Date of Decision : 14.10.13
JUDGMENT
1. Vide this judgment I shall decide the petition u/s 278 of Indian Succession Act,1925 for the grant of letter of administration in respect PC No.83A/11 1/9 of the estate left behind by Late Satish Chander Chatrath, father of the petitioners.
2. Brief facts as stated in the present petition are that Late Satish Chander Chatrath died intestate on 06.12.10 leaving behind,
(a) safety deposit box (locker no. 27 at State Bank of India, Saraswati Vihar, Delhi110034, (b) Senior Citizens Savings scheme2004 having A/c no. 800014 for a total amount of Rs.3 lacs plus interests and (c) Stocks / shares in Karvy Stocks Broking Limited, with total Custody value of Rs.40,789/ having client ID No. 10378946. It has been further stated that petitioners are the surviving legal heirs of the deceased Satish Chander Chathrath. Hence, present petition is filed by the petitioners for the grant of letter of administration in respect of the abovesaid assets/properties of deceased Satish Chander Chatrath, being his sons.
PC No.83A/11 2/9
3. Notice of this application was issued to the State through Collector and a copy was got affixed on the notice board of the Court House. Citation was also published in the newspaper "Virat Vaibhav"
dated 23.11.11 for information to the general public. None from the public has filed any objection in this regard.
4. In the instant matter, Sh. Shakti Singh, having Enrl. No. D 1199/2007 was appointed as Local Commissioner vide order dated 01.11.11 of Ld. Predecessor and report was filed by the LC in respect of above said Safety Deposit Box/Locker No. 27 with SBI Saraswati Vihar, Delhi, of the deceased Satish Chander Chatrath alongwith inventory and valuation report of approved government valuer and the total value of the articles/jewelery lying in the said locker was assessed as Rs.5,56,400/.
5. In order to prove its case, the petitioners have examined PC No.83A/11 3/9 themselves as PW1 and PW2 and tendered their affidavits Ex.PW 1/A and Ex.PW2/A respectively on the line of pleadings. PW1 has proved the death certificate of Late Satish Chander Chathrath showing his date of death as "06.12.10" which is Ex.PW1/1 and copy of his passport and PAN Card are Ex.PW1/2 and Ex.PW1/3 . PW2 has also proved that the death certificate of his father which is already Ex.PW1/1 and copy of his voter card and PAN card as Ex.PW2/1 & Ex.PW2/2 respectively. Thereafter, PE was closed.
6. Thereafter, petitioners have moved an application u/s 151 CPC seeking permission to reexamine the PW1 which was allowed vide order dt. 30.04.13 and PW1 was further examined on the basis of additional affidavit wherein he has tendered his additional affidavit as Ex.PW1/A2 and proved the death certificate of their mother Late Dharam Chatrath w/o deceased S.C.Chatrath showing her date of PC No.83A/11 4/9 death as 30.06.10, which is Ex.PW1/1A and deposed that there are no other surviving legal heirs of deceased S.C.Chatrath except the petitioners. PW1 has further proved the copy of passbook of Sr. Citizens Saving Scheme2004 of deceased S.C.Chatrath bearing A/c no. 800014 and showing deposit of amount of Rs.3 lacs which is Ex.PW1/4 (colly.) and proved the copy of the statement issued by Karvy Stock Broking Ltd. (DP Division) in respect of stocks/share of Cambridge Solutions Ltd. showing custody value of Rs.40,789/ alongwith other shares, as on 30.06.11, which is Ex.PW1/5. PW1 has further proved the report filed by LC in respect of Locker bearing no. 27 with SBI, Saraswati Vihar, Delhi, which is Ex.PW1/6 and the valuation report in respect of the articles lying the said locker which is Ex.PW1/7 whereby the value of the jewelery has been assessed as Rs.5,56,400/. Thereafter, PE was closed.
PC No.83A/11 5/9
7. I have heard the arguments on behalf of the petitioners, perused the record and the report filed by the Local Commissioner.
8. I have also gone through the provision of Section 278 of Indian Succession Act, which is as follows : "278. Petition for letters of administration (1) Application for letter of administration shall be made by petition distinctly written as aforesaid and stating
1. the time and place of the deceased's death;
2. the family of other relatives of the deceased, and their respective residences;
3. the right in which the petitioner claims;
4. the amount of assets which are likely to come to the petitioner's hands;
5. when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the judge; and
6. when the application is to be a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.
(2) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the PC No.83A/11 6/9 amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate."
9. In the instant matter, as per the report of LC Sh. Shakti Singh Panwar, in respect of the locker bearing no.27 with SBI, Saraswati Vihar, Delhi, the locker bearing no. 27 was opened in compliance of order dt. 01.11.11 passed by the Ld. Predecessor of this court and after completing the necessary formalities of Bank. As per the report, some valuables were found lying in the locker no. 27 and after making the inventories, the items/articles were kept back in the said locker and was resealed as per rules. Valuation report of government approved valuer in respect articles lying in the locker no.27 was also filed whereby the value of the articles/jewelery has been assessed as Rs.5,56,400/.
10. In view of the documents proved on record and the testimonies of petitioners which have gone unrebutted and PC No.83A/11 7/9 unchallenged and it stands proved that petitioners are the surviving legal heirs of deceased Satish Chander Chatrath as none had filed any objections in this regard. Hence, there is no impediment in granting the letter of administration to the petitioners being the sons and surviving legal heirs of the deceased Satish Chander Chatrath.
11. Therefore, letter of administration is hereby granted in favour of the petitioners in respect to the following assets/properties of deceased Satish Chander Chatrath:
(a) safety deposit box (locker no. 27 at State Bank of India, Saraswati Vihar, Delhi110034 having artcles/jewelery worth Rs.5,56,400/;
(b) Senior Citizens Savings scheme2004, Account no. 800014 for a total amount of Rs.3 lacs plus interests and
(c) Stocks / shares in Karvy Stocks Broking Limited, with total Custody value of Rs.40,789/ having client ID No. 10378946, subject PC No.83A/11 8/9 to furnishing requisite court fees, administration bonds & surety bond. However, it is clarified that question of title & ownership of the assets/properties have not been decided. It is further directed that an inventories of the assets of the deceased shall be filed in the court within six months from the date of grant of certificate/letter of administration and a statement of account shall also be filed within one year thereafter.
12. With the abovesaid observation, petition stands disposed of accordingly.
13. File be consigned to record Room.
Announced in the Open Court (SUNIL RANA)
On this 14.10.13 ADJII : ROHINI : DELHI
PC No.83A/11 9/9