Geetika Jaitly vs State Of Telangana Thr. Police Station, ... on 6 January, 2016
The deceased was a Hindu and was governed by
Indian Succession Act, 1956. The deceased was lastly residing at
24/40, West Patel Nagar, New Delhi and died naturally on
17.08.2006 at Jeewan Mala Hospital, Delhi leaving behind
petitioner and respondent nos. 2 to 6 herein as his class I legal
heirs. The present petition has been filed by the petitioner
through her SPA holder vide SPA dated 08.01.2014. By virtue of
the instant petition, the petitioner has sought letter of
administration/probate in respect of immovable property bearing
No.8-T, Plot No.9, Category C, Third Floor, Delhi Police
Employees Co-operative Group Housing Society Ltd., Mayur
Vihar, Delhi (hereinafter referred to as "said property"). The
petitioner and respondent nos.4 to 6 are the daughters of the
PC 18/16 Geeta Jaitly Vs. The State & Ors Pages 2 of 21
deceased. The respondent no.2 and 3 are the wife and son of
deceased respectively. The deceased executed a Will dated
06.11.2001 in English language prior to his death, whereby
nominated the petitioner herein as the sole beneficiary of his
estate. The petitioner is the residence of Canada and after the
death of deceased, the petitioner came to India during the month
of September, 2012 and met the concerned office bearers of
Delhi Police Employees Co-operative Group Housing Society
Ltd. for transferring the said property in her name on the basis of
said Will. Due to marriage of her son in March, 2013, the
petitioner was unable to initiate legal proceedings for the probate
of the said Will. Thereafter, the petitioner filed the present
petition started residing in India since November, 2013 for the
purpose of transferring the said property in her name as per
wishes of deceased. There is no legal impediment for grant of
probate of the present Will.