Delhi High Court
State And Ors. vs The Nct Of Delhi on 29 July, 2009
Author: S.Ravindra Bhat
* IN THE HIGH COURT OF DELHI
TESTAMENTARY AND INTESTATE JURISDICITON
+ Probate Case No. 22/2008
Decided On: 29.07.2009
Smt. Radha Singh & Another ... Petitioners
Through : Mr. Yunus Malik, Advocate
-Vs-
The NCT of Delhi ... Respondents
Through : None
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
1. Whether the Reporters of local papers
may be allowed to see the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be
reported in the Digest?
Hon'ble Mr. Justice S. Ravindra Bhat (Open Court)
%
1. This is a petition under Section 278 of the Indian Succession Act, 1925 for grant of
Letters of Administration with respect to the estate of Late Tulender Singh, who died on
5th January 2008 at Delhi. The first petitioner is the widow of the deceased. The second
petitioner is the son of the deceased. In I.A. 9509/2009, the first petitioner asserts that
the second petitioner, Aditya Singh, is mentally challenged; she has produced
documentary proof in support of this averment, and requests that she should be
constituted as guardian on behalf of the said Aditya Singh, for the purpose of this
petition.
Test Case 22/2008 Page 1
2. Notice of the petition was issued to the Chief Controlling Authority as well as to
the general public by means of publication in the leading newspaper "Statesman". The
valuation reports of the Chief Controlling Authority, in respect of the properties
mentioned in the petition, situated at Delhi, Gurgaon, Mandi (Himachal Pradesh) and
Danapur (Bihar) were received on various dates; these were recorded by order of the
court, on 29-5-2009.
3. There was no opposition to the petition. Therefore, the petitioner's evidence
was recorded; the first petitioner deposed in support of these proceedings, and has
supported the averments in the petition. She confirmed the death of her husband, and
mentioned about the death certificate, which has been placed on record. The said
petitioner also deposed about the second petitioner's disability, and stated that she
should be allowed to sue as his guardian.
4. The death certificate has been annexed to the petition; it is supported by the first
petitioner's affidavit; she has also deposed that the deceased did not leave any will. The
petitioner has placed on record the valuation reports of the immoveable properties,
issued by various authorities in Delhi, Gurgaon, Mandi and Danapur. The petitioner has
annexed a list of properties which were owned by the late Tulender Singh, for which
Letters of Administration are sought; they are listed in Schedule A. The first petitioner
also deposes, in the petition, that deceased is not survived by any other heir, save the
present petitioners.
5. The court has considered the averments made in the petition, the first
petitioner's deposition, as well as the documents placed on the record. The first
petitioner also seeks an order appointing her as guardian ad litem, for the purpose of
this proceeding, in favour of the second petitioner, who is the other heir of the
deceased. It is apparent that the petitioners are the only heirs, of late Tulender Singh;
Test Case 22/2008 Page 2
there is no opposition to these proceeding, despite publication of notice, in the
newspaper, about their institution.
6. In view of the above discussion, the court finds that the petitioners have proved
the averments in the present testamentary proceedings. There is also no impediment
for the issuance of letters of administration in this case. The petition is accordingly
allowed. Letters of Administration are granted in terms of the petition, in respect of the
properties mentioned in the Schedule subject to the furnishing of administration bond
of requisite value.
7. The petition and I.A. 9509/2009 are allowed in the above terms.
DATED: (S. RAVINDRA BHAT)
29th July, 2009 JUDGE
Test Case 22/2008 Page 3
