Indian Kanoon - Search engine for Indian Law

Ex. PW­4/1) that her entire share in the first floor of D­43, Amar Colony, Lajpat Nagar, New Delhi shall devolve upon Sh. Arvind Kumar Sachdeva and similarly other movable assets shall also devolve upon him. To say, Ms. Indu Bala and Sh. Arvind Kumar Sachdeva was jointly owner of first floor of D­43, Amar Colony, Lajpat Nagar, New Delhi and Ms. Indu Bala wrote Will in respect of her share in that property. To say, as per schedule­II annexed to the petition, the property of the deceased is stated as entire first floor of D­43, Amar Colony, Lajpat Nagar, New Delhi, however, by considering the matrix of facts mentioned in the petition, read with the supporting documentary record, it is joint property of Ms. Indu Bala and Sh. Arvind kumar Sachdeva; Ms. Indu Bala has undivided ½ (half) share in first floor of D­43, Amar Colony, Lajpat Nagar, New Delhi (hereinafter referred as the estate of deceased). 2.4 As per petition, Ms. Indu Bala was unmarried, there was no other legal heir except the names mentioned in schedule­I to the petition. She bequeathed her estate in favour of Sh. Arvind Kumar Sachdeva by Will dated 11.02.2007 (Ex. PW­4/1) which was attested by two witnesses, those names are given at the foot of Will. However, because of death of Sh. Arvind Kumar Sachdeva on 04.10.2012 (now Ex. PW­1/2) the estate devolves upon legal heirs/ petitioner of Sh. Arvind Kumar Sachdeva. The petitioner no. 1 is son of Sh. Arvind Kumar Sachdeva and petitioner no. 2 & 3 are daughters of Sh. Arvind Kumar Sachdeva.

Vikram Sachdeva & Ors. vs. State & Ors.

Yatinder Mohan Sachdeva (under the title Yatinder Mohan Sachdeva vs. State & Ors. in respect of registered Will dated 27.10.1980 of Lakshmi Chand Sachdeva) which was resolved by him, the petition PC no. 42/2011 was withdrawn by him vis a vis statement was given on his behalf on 02.02.2015 having no objection to the petition. Moreover, copy of order dated 05.12.2014 in CS (OS) No. 2838/2011 with regard to settlement between the parties is also available in the file PC no. 42/11. Consequently, this petition by legal heirs/ class­I legal heirs of Sh. Arvind Kumar Sachdeva is maintainable to the extent of estate of Sh. Arvind Kumar Sachdeva, which devolved upon him pursuant to Will of Ms. Indu Bala.

6. In view of the above, it is held that petitioners have established the petition for letters of administration in respect of estate of deceased and they are entitled for letters of administration to administer the estate devolved upon the petitioners upon demise of Sh. Arvind Kumar Sachdeva. However, letters of administration will be issued on the prescribed form VII but it would be subject to - (i) filing of valuation report and appropriate of stamp / Court fee; (ii) they will furnish Administration Bond, both of them could be filed within a period of one and half month from today; vis­a­vis subsequently, (iii) they 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.

It is judgment day today. Vide separate judgment announced today, the petition is allowed for letters of administration in respect of estate of deceased and they are entitled for letters of administration to administer the estate devolved upon the petitioners upon demise of Sh. Arvind Kumar Sachdeva. However, letters of administration will be issued on the prescribed form VII but it would be subject to - (i) filing of valuation report and appropriate of stamp / Court fee; (ii) they will furnish Administration Bond, both of them could be filed within a period of one and half month from today; vis­a­vis subsequently, (iii) they 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.