*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST CAS.NO.7/2008
% Date of decision: 30.03.2009
SMT NAMITA SAXENA ....... Petitioner
Through: Mr. Sanjeev Aggarwal, Advocate
Versus
STATE AND OTHERS ....... Respondents
Through: Nemo.
CORAM :-
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
1. Whether reporters of Local papers may
be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether the judgment should be reported
in the Digest?
RAJIV SAHAI ENDLAW, J.
1. The petitioner being the widow of Shri Adarsh Kumar Saxena has applied for Letters of Administration with respect to his estate. It is the case of the petitioner that Shri Adarsh Kumar Saxena died intestate at New Delhi on 9th March, 2007; that at the time of his death he was an ordinary resident of Delhi and major part of the estate with respect to which Letters of Administration is sought is also situated within the territorial jurisdiction of this court. The deceased is stated to have left, besides the petitioner as his widow, only two children i.e., two sons, Anant Saxena and Seemant Saxena who were impleaded as the respondents. Though the petition is quiet as to the mother of the deceased, who also under the Hindu Succession Act is a natural heir of the deceased, upon inquiry, the counsel for the petitioner informed that the mother of late Shri Adarsh Kumar Saxena had predeceased him. The two sons of Test Cas.No.7/2008 Page 1 of 3 deceased have given their no objection to the issuance of Letters of Administration to the petitioner.
2. The estate of the deceased of which administration is sought is stated to be comprising of national savings certificates, monies in saving bank accounts and in PPF Account, cars, scooter and fire arm, the tax saver bond and immovable property comprising of agricultural land and residential house in District Etah, UP.
3. Citation was issued including in the newspaper "Statesman", New Delhi Edition. Notice was also issued to the Chief Revenue Controlling Authority. No objections have been received from any party. The petitioner has also filed valuation certificates with respect to the properties at Etah.
4. Though there has been a practice in this court of directing evidence to be led, even when the petition is uncontested, but since the amendment of the year 2002 to the CPC, examination-in-chief is permitted to be led on affidavit. The petition is accompanied by the affidavit of the petitioner which contains all the necessary particulars. The petitioner has also filed the certified copy of the death certificate of Shri Adarsh Kumar Saxena issued by the government of NCT of Delhi. The petitioner has also filed photocopies of documents showing prima facie title of the deceased to the property with respect whereto Letters of Administration is sought. In the circumstances, I do not feel any need to direct the petitioner to lead any further evidence especially in the absence of any opposition to the petition. The petitioner otherwise being the widow of the deceased and being one of the natural heirs of the deceased is found to be a fit person entitled to administration under Section 218 of the Indian Succession Act.
5. Accordingly, the petition is allowed. Letters of administration with respect to the estate of the deceased Mr Adarsh Kumar Saxena Test Cas.No.7/2008 Page 2 of 3 son of Shri Banadri Das last resident of E-1, Residential Complex, Kendraya Vidyalaya No.3, Naraina Ring Road, Delhi Cantt, New Delhi be issued to the petitioner.
RAJIV SAHAI ENDLAW (JUDGE) March 30, 2009 M Test Cas.No.7/2008 Page 3 of 3 Test Cas.No.7/2008 Page 4 of 3