Delhi High Court
Mrs. Meena Prasad vs State & Ors. on 11 August, 2011
Author: A. K. Pathak
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Test Case No. 41/2009
*
Decided on: 11th August, 2011
MRS. MEENA PRASAD ....... Petitioner
Through: Mr. Ravi Kant Chadha, Sr. Advocate
with Mr. R.K. Gautam, Adv.
Vs.
STATE & ORS. .....Respondents
Through: None
Coram:
HON'BLE MR. JUSTICE A.K. PATHAK
1. Whether the Reporters of local papers No
may be allowed to see the judgment?
2. To be referred to Reporter or not? No
3. Whether the judgment should be No
reported in the Digest?
A.K. PATHAK, J.(ORAL)
1. By this petition under Sections 270/272 of the Indian Succession
Act, 1925 (for short hereinafter referred to as "the Act"), petitioner seeks
issuance of Letter of Administration pertaining to moveable and
immoveable properties left behind by Late Shri Madan Prasad
(hereinafter referred to as „deceased‟), more particularly described in
Annexures „A‟ & „B‟ to the petition.
2. Petitioner is widow; whereas respondent Nos. 2 and 3 are daughter
and son of deceased. In fact, deceased went missing about 10 years
ago. A missing report was filed with the Station House Officer, Police
Station Vasant Kunj on 19th May, 2001. However, whereabouts of
deceased could not be located by the police.
3. Station House Officer filed untraced report on 21st May, 2008.
Test Case No. 41/2009 Page 1 of 3
Petitioner filed a suit for declaration in the court of JSCC-cum-ASCJ-
cum-Guardian Judge (South), Patiala House Courts, New Delhi praying
therein that Shri Madan Prasad be declared as dead since nothing was
heard about him for more than seven years. Suit was decreed by the
Court on 24th April, 2009. A certified copy of the judgment has been
placed on record.
4. Pursuant to the notice issued by this Court, respondent Nos. 2 and
3 entered appearance in Court and filed reply/no objections stating
therein that they had no objection in case Letter of Administration
pertaining to the moveable and immoveable properties of deceased was
granted to their mother, that is, petitioner. Respondent Nos. 2 and 3
have also filed their respective affidavits in support of their reply/no
objections.
5. Petitioner has filed an affidavit categorically stating therein that
she was married to Shri Madan Prasad, son of Shri Barmeshwar Prasad
on 27th June, 1971 at Gaya in Bihar; from their wedlock two children,
namely Ms. Vasundhra Prasad (respondent No. 2) and Dr. Barmeshwar
Vikaramaditiya (respondent No. 3) were born. She has categorically
deposed that there are no other legal heirs of Late Shri Madan Prasad
except respondent Nos. 2 and 3. Respondent Nos. 2 and 3 have not
disputed this fact.
6. Citation was published in the newspaper "The Statesman" (English
edition) and has been placed on record.
7. As regards, Delhi property bearing Flat No. 2215, Sector - C,
Pocket - 2, Vasant Kunj, New Delhi is concerned, valuation report has
been submitted by the Tehsildar, Vasant Vihar, which is on record. As
per this report, value of the property is `35 lacs. However, valuation
Test Case No. 41/2009 Page 2 of 3
report of the property of Jharkhand is not clear and is ambiguous.
8. In the above facts, I do not find any impediment in granting the
Letter of Administration in favour of petitioner, inasmuch as, other two
legal heirs, i.e. children of deceased have given no objection for grant of
Letter of Administration to their mother, i.e., the petitioner.
Accordingly, it is ordered that „Letter of Administration‟ be issued in
favour of the petitioner subject to her furnishing valuation report of
Jharkhand property, requisite Court fees and administrative bond with
one surety to the satisfaction of Registrar (Original).
9. Petition is disposed of in the above terms.
A.K. PATHAK, J.
August 11, 2011/rb
