Anmol Singh Anand vs State
2012 Latest Caselaw 542 Del

.*       HIGH COURT OF DELHI: NEW DELHI

                                          Judgment decided on: 25.01.2012

+                      TEST CASE No.28 of 2010

       Anmol Singh Anand                     ..... Petitioner
                       Through: Mr. D.R. Bhatia, Adv. with
                              Mr. Ankur Bansal, Adv.

                       versus

       State                                           ..... Respondent
                                Through    Nemo.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (Oral)

1. The petitioner has filed the present petition under Section 270 of the Indian Succession Act, 1925 through his grandfather, Shri Ajit Singh Anand whom he has appointed his Attorney for the purpose of filing this petition for grant of probate/letters of administration to the estate of his parents namely, Late Shri Harinder Pal Singh Anand and Late Smt. Ishpal Kaur Anand. The deceased persons were permanent residents of Delhi at Cottage No.6, West Patel Nagar, New Delhi and the fixed assets left behind by them are also situated in Delhi.

2. The case of the petitioner is that both his parents died intestate. Late Shri Harinder Pal Singh Anand died in Kuwait on 24.11.2008 and Late Smt. Ishpal Kaur Anand had also died in Kuwait on 20.04.2004 leaving behind the petitioner and their minor daughter namely, Ms. Paavni Anand as their legal heirs.

3. It is averred in the petition that even after a diligent search for the Will, none has been found. Therefore, the petitioner has filed the present petition to claim his half-share to the estate of his deceased parents; while the other half rests with his minor sister Ms. Paavni Anand, who is presently in the guardianship of the petitioner.

4. It is stated by the petitioner that the deceased persons have left behind various assets and in Annexure „A-1‟ to the petitioner‟s affidavit of valuation all the properties and credits of Late Shri Harinder Pal Singh Anand have been truly set forth and in Annexure „A-2‟ to the petitioner‟s affidavit of valuation all the properties and credits of Late Smt. Ishpal Kaur Anand have been set forth. The petitioner has also set forth all the items that he is allowed by law, to deduct from the estate of Late Shri Harinder Pal Singh Anand and Late Smt. Ishpal Kaur Anand in Annexure „B-1‟ and Annexure „B-2‟ respectively.

5. It is also stated in the petition that the petitioner, undertakes to duly administer the property and credits of his deceased parents and to make an inventory thereof and exhibit the same in this court, within six months form the grant of letters of administration and also to render a true a true account of the said property and credits within one year from the said date. Further, it is averred in the petition that Late Shri Harinder Pal Singh Anand also had Bank accounts in Kuwait, where they were operated under a civil ID allotted in his name and a locker bearing No. 426 (with locker No.301) STS A/c No.204 with Punjab National Bank, Khar Branch, Mumbai the petitioner is not aware of the particulars of the said account in Kuwait or the bank locker in Mumbai. However, he is giving the civil ID in Annexure to this petition

and the same is Civil ID No.256120300437and the contents of the bank locker in Mumbai can be ascertained after the locker is opened.

6. On 28.04.2010, the notice was issued to Chief Revenue Controlling Authority, citation in the newspaper „Statesman‟ (English edition) as well as „Navbharat Times‟ (Hindi edition). As per the report, the citation was duly published and the same are placed on record. However, the valuation report from Chief Revenue Controlling Authority was awaited. The reminders were also issued in respect of Flat No.4, 6th Floor, Pragati Tower, Rajendra Place, New Delhi, the address as mentioned in the petition. Mr Santosh Dutt, Patwari, was present before Court on 18.11.2010 on behalf of SDM, Patel Nagar, and had brought the valuation report and he was ordered to to file the same in the Registry. The reminder to the SDM, Daryaganj, was issued to place the valuation report pertaining to property of Rajendra Place, New Delhi. However, on 26.08.2011, it was noticed that the valuation report, in respect of property of Rajendra Place, was filed by the SDM, Karol Bagh.

7. The petitioner has filed evidence by way of an affidavit of his attorney, Shri Ajit Singh Anand, confirming the averments made in the petition and the same is marked as Ex-PW-1/A. The General Power of Attorney dated 04.02.2011 whereby the petitioner has appointed Shri Ajit Singh Anand as his Attorney, is marked as Ex-PW-1/1. The original death certificates of Late Shri Harinder Pal Singh Anand and Late Smt. Ishpal Kaur Anand are on record and are marked as Ex-PW-1/2 and Ex-PW-1/3 respectively. Citation of these proceedings have been effected in "The Statesman" dated 24.05.2010 and in "Nav Bharat Times" of dated

24.05.2010. The valuation reports in respect of Cottage No.6, West Patel Nagar, New Delhi and of Flat No.4, 6th Floor, Pragati Tower, 26 Rajendra Place, New Delhi have also been received

8. Since there is no opposition to the prayer made in the petition, the petition is allowed and the Letters of Administration is granted to the petitioner in respect of estates left behind by parents on filing of necessary court fee to the satisfaction of the Registry.

MANMOHAN SINGH, J.

JANUARY 25, 2012