Anya Gupta vs The State & Another
2012 Latest Caselaw 1240 Del

$~20

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+      TEST.CAS. 20/2010
                                       Decided on 23rd February, 2012

       ANYA GUPTA                                    ..... Petitioner

                             Through    : Ms. Maldeep Sidhu and
                                          Ms. Bindu Verma, Advs.

                        Versus


       THE STATE & ANOTHER                          ..... Respondents

                             Through    : Respondent no. 2 in person


       CORAM:
       HON'BLE MR. JUSTICE A.K. PATHAK

A.K. PATHAK, J. (ORAL)

1. Petitioner has filed this petition under Section 278 of the

Indian Succession Act, 1925 (for short hereinafter referred to as

"the Act") in respect of the estate of Late Shri Abhik Gupta

(hereinafter referred to as "deceased").

2. Petitioner is the daughter of the deceased; whereas

respondent no. 2 is her brother.

3. As per the petition, the deceased died intestate, on 25th May,

2009 at New Delhi. He has left behind the petitioner and

respondent no. 2 as his only Class-I heirs. It is stated that mother of

the petitioner and respondent no. 2, had taken divorce from the

deceased in the year 1995. Even prior thereto she had permanently

shifted to United States of America (U.S.A.) in the year 1993,

inasmuch as, she is not the Class-I heir of the deceased. However,

by way of abundant caution, petitioner had obtained a "No

Objection Certificate" from her mother Mrs. Meena Tharmaratnam.

4. Mother of the deceased had predeceased him on 24 th May,

2008. Deceased had left behind the properties as detailed in the

petition as also Annexure A to the petition, which are as follows:-

(i) Ground Floor of house no. D-14, Nizammuddin East, New Delhi - 110013;

(ii) Plot No. G-39, Phase - II, Killa No. 48/14, Village & Tehsil Chauma, Gurgaon and

(iii) Land comprised in Khatta No. 48, 130, 150, 151, 172 and 202, Village Jangaliya, Tehsil & District Nainital, Uttrakhand.

5. Citation has been published in the newspaper "The

Statesman" dated 30th July, 2010. However, no public person has

filed any objection opposing the grant of "Letters of

Administration" to the petitioner.

6. Respondent no. 1 has been duly served. Valuation reports in

respect of the Nainital property and Delhi property have been

received, however, no report has been received in respect of

Gurgaon property.

7. Respondent no. 2 has filed reply to the petition. He has not

opposed the grant of "Letters of Administration" to the petitioner.

Respondent no. 2, who is present in the Court today, has reiterated

that he has no objection in case petition is allowed. Mother of the

petitioner and respondent No.2, who in any case is not a Class - I

heir of the deceased, has also supported the petitioner.

8. Petitioner has filed her affidavit in evidence. She has

reiterated the averments made in the petition. She has proved the

"Death Certificate" of the deceased as Ex. PW1/2, "No Objection

Letter" written by her mother has been proved as Ex. PW1/3,

"Death Certificate" of mother of deceased has been proved as Ex.

PW1/4. In her affidavit, petitioner has deposed that she has applied

for grant of "Letters of Administration" in respect of estate of the

deceased. She has further deposed that all the properties and assets

of her deceased father are likely to devolve on her and respondent

no.2.

9. From the evidence led by the petitioner and in view of the

"No Objection" given by respondent no. 2, I do not find any

impediment in grant of "Letters of Administration" to the petitioner.

Accordingly, "Letters of Administration" are granted to the

petitioner in respect of the estate of deceased, subject to payment of

requisite court fee, valuation of the Gurgaon property and

furnishing of administrative bond with one surety by the petitioner,

to the satisfaction of the Registrar General.

10. Petition is disposed of in the above terms.

A.K. PATHAK, J.

FEBRUARY 23, 2012 rb