Minati Bose vs State Of Delhi & Ors.
2014 Latest Caselaw 684 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         FAO No. 459/2011

%                                               4th February, 2014
MINATI BOSE                                           ......Appellant
                          Through:       Ms. Jasvinder Kaur, Advocate and
                                         Mr. Jogesh, Advocate.


                          VERSUS

STATE OF DELHI & ORS.                               ...... Respondents
                   Through:

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.    This appeal has been filed against the impugned judgment of the court

below dated 4.8.2011 by which the petition for letters of administration filed

by the appellant has been dismissed. Petition for letters of administration

was dismissed basically because according to the court below appellant had

not proved the original Will dated 15.11.1981 by which the property was

bequeathed in favour of the husband of the appellant, of which letters of

administration was sought and there was lack of proper evidence in proof of

the copy of the Will.


FAO 459/2011                                                                Page 1 of 3
 2.    I may note that in the petition for letters of administration, in spite of

service of notices, no one appeared for the respondents, and no objections

were filed.

3.    The case of the petitioner, appellant herein was proved by proving on

record the death certificate of Sh. S.K.Bose, which is exhibited as

Ex.PW1/E, and also the FIR by which the original Will was shown to have

been lost.

4.    In my opinion, in a case such as the present, when there is no

objection from any quarter, mere fact that original Will is not available, is

not a good ground for dismissing the petition for letters of administration,

inasmuch as Sections 237 to 240 of the Indian Succession Act, 1925 deal

with grant of letters of administration/probate even where the original Will is

not available. In such a case it is only that the Court has to be convinced

that the original Will has not been revoked.      In the present case, I have

already noted that no objections have been filed from any quarter. Also, the

Will in question was proved through the attesting witness Sh. Jatindranath

Mohanty who deposed as PW-2.

5.    In view of the above, probate petition for grant of letters of

administration to the appellant is allowed with respect to the Will dated

15.11.1981 executed in favour of Sh. S.K.Bose, husband of the appellant, by
FAO 459/2011                                                                 Page 2 of 3
 Sh. A.P.Bose, father-in-law of the appellant and the father of Sh. S.K.Bose.

Letters of administration be granted subject to filing of the necessary

administration and security bond before the concerned court below.

6.    Appeal is accordingly allowed and disposed of, leaving the parties to

bear their own costs. All pending applications stand disposed of.




FEBRUARY 04, 2014                            VALMIKI J. MEHTA, J.

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