Smt Namita Saxena vs State And Others
2009 Latest Caselaw 1053 Del

     *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

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

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