Indra Bhatia vs State

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      TEST.CAS. 93/2014

       INDRA BHATIA                                  ..... Petitioner
                          Through : Mr. Riju Raj Jamwal, Advocate
                          with petitioner in person.

                          versus
       STATE                                         ..... Respondent
                          Through : None.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 10.08.2016

1. The present petition has been filed by the petitioner for grant of Letter of Administration under Section 278 of the Indian Succession Act, 1926 with respect to the estate of her deceased husband, Shri Ranjit Lal Bhatia.

2. Learned counsel for the petitioner states that Shri Ranjit Lal Bhatia, resident of D-71, Defence Colony, New Delhi, had expired at Delhi on 9.2.2014, leaving behind his widow(the petitioner) and two daughters(respondents No.2 and 3). The death certificate of late Shri Ranjit Lal Bhatia has been marked at Ex.PW-1/B. A photocopy of the passport issued in favour of late Shri Ranjit Lal Bhatia has been marked as Ex.PW-1/A. A copy of the Permanent Account Number issued by the Income Tax Department in favour of the deceased has been marked as Ex.PW-1/C.

3. A copy of the driving licence issued in favour of the petitioner has been marked as Ex.PW-1/D. A copy of the Permanent Account TEST.CAS.93/2014 Page 1 of 3 Number issued by the Income Tax Department in favour of the petitioner has been marked as Ex.PW-1/E. A copy of the election I- Card issued in favour of the petitioner has been marked as Ex.PW-1/F. The near relatives, namely, the daughters of the deceased, i.e., respondents No.2 and 3, have filed their no objection affidavits to the grant of the Letters of Administration and the same are marked as Ex.PW-1/H & I, respectively. The petitioner, wife of the deceased has filed an affidavit by way of evidence, which has been marked as Ex.PW-1/G.

4. Notice was issued in the present petition on 1.10.2014 and citations were directed to be issued in the daily newspaper, 'The Statesman', Delhi edition. Despite citations, no objections have been received from any quarter till date.

5. Counsel for the petitioner states that Letter of Administration may be issued jointly in favour of the petitioner and the respondents No.2 and 3, in respect of the movable and immovable assets of late Shri Ranjit Lal Bhatia.

6. The movable assets of the deceased include holdings in mutual funds and share certificates in public companies. Counsel for the petitioner states that copies of the consolidated statement of the mutual funds held in the name of the deceased as on 30.9.2014, have been filed along with the documents and marked as Ex.'A' and copies of details of the share certificates have been marked as Ex.'B' to 'G'.

7. The immovable properties of the deceased include premises bearing No.D-71, Defence Colony, New Delhi, 50% share in House/Plot No.D-145, East of Kailash, New Delhi and 50% share in the agriculture land with house at village Dochi Tehsil Kasuali, District Solan Himachal Pradesh, measuring 2 bighas 3 biswas.

8. Photocopies of the Conveyance Deed in respect of premises bearing No.D-145, East of Kailash, New Delhi has been marked as Ex.-'H'. Copy of the Conveyance Deed in respect of premises bearing No.D-71, Defence Colony, New Delhi has been marked as Ex.-'I'. A copy of the Kisan Passbook issued by the Revenue Department, Government of Himachal Pradesh in respect of the landholdings at District Solan, Himachal Pradesh has been marked as Ex.-'J'.

9. The valuation reports in respect of two immovable properties situated in Delhi have been filed by the SDM, Defence Colony under index dated 19.8.2015 and the valuation report dated 24.11.2014, in respect of the agricultural land at Tehsil Kasauli, District Solan, Himachal Pradesh has been received directly in this Court from the Tehsildar, Kasauli, Himachal Pradesh, on 29.11.2014.

10. In view of the fact that the present petition is uncontested, there appears no impediment in granting the Letter of Administration in respect of the estate of late Shri Ranjit Lal Bhatia in favour of the petitioner and the respondents No.2 and 3, thus enabling them to administer his estate, subject to the parties filing the appropriate court fees and an Administration Bond with two sureties of the like amount.

11. With the aforesaid directions, the petition is disposed of.

12. List before the Joint Registrar on 5th October, 2016, for determining the court fees to be paid and for accepting the Administration Bond and sureties.

HIMA KOHLI, J AUGUST 10, 2016/sk TEST.CAS.93/2014 Page 3 of 3