Delhi High Court
Santosh Behal vs State And Ors. on 19 December, 2011
Author: Manmohan Singh
* HIGH COURT OF DELHI: NEW DELHI
Judgment delivered on: 19.12.2011
+ TEST. CAS. NO.75/2011
SANTOSH BEHAL ....Petitioner
Through Mr. S.C. Ladi, Sr. Adv. with
Ms. Deeksha Ladi Kakar, Adv.
Versus
STATE AND ORS ....Respondents
Through Mr. Mukesh Sharma, Adv. with
Mr. Jagdeep Sharma, Adv. for
respondent No.1.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J. (ORAL)
1. The present petition under section 278 of the Indian Succession Act,
1925 has been filed by the petitioner seeking grant of letters of
administration in favour of the petitioner in respect of the property being
"Deepak Building" located at Station Road, Budh Bazar, Moradabad, Uttar
Pradesh, which is more specifically described in the Schedule annexed with
the petition.
2. The petitioner is the wife of late Shri V.N. Behal (hereinafter referred
to as the deceased) who died intestate on 27.12.2008. The original death
certificate marked as "Annexure P1"of the deceased is on record. At the
time of his death, the deceased was a resident of 49, Ring Road, Lajpat
Nagar III, New Delhi-110024. The deceased was survived by the following
Class I legal heirs:
(i) Smt. Santosh Behal, wife (petitioner)
(ii) Sh. Naresh Behal, Son (respondent No.2)
(iii) Sh. Deepak Behal, Son (respondent No.3)
(iv) Smt. Promilla Sawhney, daughter (respondent No.4)
(v) Smt. Romilla Sawhney, daughter (respondent No.5)
(vi) Smt. Mohini Suri, daughter (respondent No.6)
3. It is averred in the petition that the property at Lajpat Nagar, where
the petitioner continues to reside till date, was jointly owned by the
petitioner and the deceased. Thus, upon his death, his 50% share devolved
upon his legal heirs mentioned above, including the petitioner, in equal
proportion. Thereafter, by way of the relinquishment deed dated
19.05.2010, respondent Nos.2 to 6 relinquished their respective rights,
interest in the said property situated at 49, Ring Road, Lajpat Nagar III,
New Delhi-110024 in favour of the petitioner, making the petitioner, the
sole and absolute owner of the said property. The copy of the said
relinquishment deed dated 19.05.2010 is marked as "Annexure P2".
4. It is stated by the petitioner that the deceased was the sole and
absolute owner of the property being "Deepak Building" situated at Station
Road, Budh Bazar, Moradabad, Uttar Pradesh but there is no dispute
between the petitioner and the respondents in respect of inheritance of the
said property mentioned in the schedule annexed with the present petition
and the respondent Nos.2 to 6 have agreed to relinquish their respective
rights, interest in the said property in favour of the petitioner. Thus the
petitioner has filed the instant petition for grant of letters of administration
in her favour in respect of the property located at Station Road, Budh
Bazar, Moradabad, Uttar Pradesh with the consent of respondent Nos.2 to 6
who have given their no objection by way of affidavits in which they have
stated that they have no objection to grant the of Letters of Administration
in respect of the property being "Deepak Building" located at Station Road,
Budh Bazar, Moradabad, Uttar Pradesh to the petitioner. Copies of all the
above mentioned no-objection certificates are placed on record.
5. Citation of these proceedings have been effected in "The Statesman"
dated 19.11.2011 and in "Amar Ujala" of Muradabad edition dated
19.11.2011.
6. In view of the above, the petition is allowed. Letters of
Administration be granted to the petitioner in respect of the property being
"Deepak Building" located at Station Road, Budh Bazar, Moradabad, Uttar
Pradesh, subject to filing of valuation report of the said property, payment
of requisite court fee according to valuation and a surety bond . The petition
stands disposed of.
MANMOHAN SINGH, J.
DECEMBER 19, 2011
