Delhi High Court
Tripta S. Bhagat vs State Of Delhi & Ors. on 26 April, 2010
Author: J.R. Midha
36
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS.80/2008
Date of Decision: 26th April, 2010
%
TRIPTA S. BHAGAT ...........Petitioner
Through : Ms. Naina Kejriwal, Adv.
versus
STATE OF DELHI & ORS. ......Respondents.
Through : Mr. Amitesh Singh Bakshi,
Adv. for D-2 to 5.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. This is a petition for grant of Letters of Administration in
respect of the estate of late Meera Sethi.
2. The deceased, Meera Sethi expired on 19th April, 2008.
At the time of her death, the deceased was a permanent
resident of flat No.16/901, East End Apartments, Mayur Vihar
Phase-I, Delhi-110096. The original death certificate of the
deceased is on record.
3. The deceased was unmarried at the time of her death
and has not left behind any class-I legal heir. The petitioner
is the elder sister of the deceased. Apart from the petitioner
the deceased had three brothers namely Raj Kumar Sethi,
Subhash Sethi and Naveen Sethi, out of which Subhash Sethi
pre-deceased her leaving behind his widow, Rita Sethi and
daughter, Kitu Sethi. The aforesaid legal heirs of the
deceased are respondents No.2 to 5 in this petition.
4. The deceased has left behind the following estate:-
Immovable Estate
i. Flat bearing No.16/901, East End Apartments,
Mayur Vihar Phase-I, Delhi.
Movable Estate
i. Standard Chartered Saving 52,100.31
Account No.523-1-027490-3
ii. ICICI Bank Saving Account 2,16,271.00
No.006501000763
iii. ICICI Bank Term deposit Account 1,16,364.00
No.006514059343
iv. ICICI Bank Ltd. Quantum Deposit 1,06,031.00
Account No.006514059343
v. Punjab National Bank Spectrum 1,45,000.00
Fixed Deposit Receipt No.083043
vi. Punjab National Bank Saving Bank 1,41,052.00
A/c No.0117000100502740
vii. Vehicle owned vide Invoice No.DL- 3,60,162.00
2C-AG9643
TOTAL 21,86,981.24
5. The deceased had left behind the following liabilities:-
i. Amount to be paid to MTNL, New 638.00
Delhi
ii. Amount to be paid to BSES 1880.00
Yamuna, New Delhi
TOTAL 2518.00
6. The petitioner is seeking the Letters of Administration
in respect of the entire estate of the deceased with the
consent of respondent Nos. 2 to 5 who have given their no
objection by way of affidavits in which they have stated that
they have no objection to the grant of Letters of
Administration in respect of estate of the deceased to the
petitioner.
7. The petitioner appeared in the witness box as PW-1 and
deposed that the deceased died intestate on 19th April, 2008.
The petitioner has given the names of the legal heirs of the
deceased in the affidavit. The written statements/no-
objections of respondent Nos. 2 to 5 have been given by
way of affidavit and marked as Ex.PW-1/DD-1 to PW-1/DD-4.
PW-1 also proved the estate of the deceased.
8. The citation has been duly published in the newspaper
as Ex.PW-1/2 and no objections have been received from the
public and as such, there is no impediment in the grant of
Letters of Administration to the petitioner.
9. From the uncontroverted and un-rebutted testimony of
the petitioner and the no objections of respondent Nos. 2
to 5, the petitioner is entitled to Letters of Administration in
respect of the aforesaid estate of the deceased.
10. In view of the above, the petition is allowed and the
Letters of Administration are granted to the petitioner in
respect to the estate of the deceased mentioned in para 3
above subject to the condition that the petitioner shall,
within six months from the date of issue of the grant, exhibit
in Court full and true Inventory of the same and file in Court
within in one year the true accounts of the said estate. The
Letters of Administration be issued to the petitioner upon her
furnishing the requisite Court fee and the personal bond.
J.R. MIDHA, J
APRIL 26, 2010
