Delhi High Court
Aditya Barna Mittra & Ors vs Aditya Barna Mittra & Ors on 18 September, 2014
$~41.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.9.2014
+ TEST.CAS. 44/2014
ADITYA BARNA MITTRA & ORS ..... Petitioners
Through : Mr.Jasmeet Singh and Ms.Kritika
Mehra, Advs.
versus
STATE ..... Respondent
Through
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.Sistani, J.,(Oral)
1. By the present petition filed under Section 272 of the Indian
Succession Act the petitioners seek grant of letters of administration
with respect to the estate of their uncle (Chacha), late Sh.Bijoy
Pratap Mittra (B.P. Mittra).
2. Notice in the present petition was issued to the State. Valuation
report has been received. Publication was also carried out in 'The
Statesman', Delhi Edition. Copy of citation has been filed. All the
close relations are stated to be petitioners in the petition. No
objections have been received from the public at large.
3. Petitioners have filed affidavit by way of evidence of one Sh.A.B.
Mitra, one of the petitioners, the said affidavit has been exhibited as
Exhibit PW-1/A. It may be noticed that this petition has been filed by
three nephews and one niece of late Sh.Bijoy Pratap Mittra.
Petitioner no.1 is the Power of Attorney holder of petitioners no.2 to
4. The said Power of Attorneys have been filed and exhibited as PW-
1/1 to PW-1/3.
4. As per the evidence of PW-1, Dr.Ishan Tosh Mittra, who was the
father of late Mr.Bijoy Pratap Mittra, died on 27.6.1985, and
Mrs.Joykali Mittra, mother of Mr.Bijoy Pratap Mittra, died in the year
1964. Their death certificates are stated to be not available.
5. Mr.Bijoy Pratap Mittra died intestate on 13.7.1980 at Delhi leaving
behind his two brothers, namely, Dr.Amita Pratap Mittra and
Mr.Krishna Pratap Mittra. Death certificate of late Mr.Bijoy Pratap
Mittra has been filed and exhibited as Ex.PW-1/4.
6. PW-1 has further deposed that late Mr.Bijoy Pratap Mittra was
married but had no children. Late Mr.Bijoy Pratap Mittra separated
with his wife in late 1960s, he started living with his brothers at 26,
Curzon Road and subsequently at B-77, Greater Kailash-I, New
Delhi. The wife of late Mr.Bijoy Pratap Mittra was stated to have
been staying at an accommodation at Janpath Lane, New Delhi, till
she pre-deceased him.
7. It has further been stated that Dr.Amita Pratap Mittra, elder brother
of late Mr.Bijoy Pratap Mittra, died on 13.9.1999, leaving behind his
two sons, namely, Mr.Aditya Barna Mittra and Dr.Indraneel Mittra as
his only legal heirs (petitioner no.1 and petitioner no.2). Death
certificate of Dr.Amita Pratap Mittra dated 13.9.1990 has been
exhibited as Ex.PW-1/5.
8. It has also been deposed that Mrs.Surama Mittra, wife of late
Dr.Amita Pratap Mittra, predeceased him on 15.6.1999. The death
certificate of Mrs.Surama Mittra dated 17.6.1990 has been exhibited
as Ex.PW-1/6.
9. PW-1 has also testified that Sh.Krishna Pratap Mittra, younger
brother of late Mr.Bijoy Pratap Mittra, died on 18.6.1993 leaving
behind his two children, namely, Esha Ghose and Sh.Dev Ranjan
Mittra (petitioner no.3 and petitioner no.4). Death certificate of late
Sh.Krishna Pratap Mittra has been exhibited as Ex.PW-1/7.
Smt.Kamala Mittra, wife of Sh.Krishna Pratap Mittra, died on
28.5.1993. Her death certificate has been exhibited as Ex.PW-1/8.
10. Details of properties left behind by late Sh.Bijoy Pratap Mittra have
been detailed in the affidavit. Copy of perpetual deed dated
28.5.1976 executed by L&DO in favour of late Sh.Bijoy Pratap Mittra,
duly signed by late Sh.Bijoy Pratap Mittra at point A, has been
exhibited as PW-1/9.
11. I have heard learned counsel for the petitioners and also carefully
examined the affidavit by way of evidence filed by PW-1/1. As per
the evidence, late Sh.Bijoy Pratap Mittra died intestate on
13.7.1980. Wife of late Sh.Bijoy Pratap Mittra pre-deceased him and
died in Mid 1970s. The two brothers of late Sh.Bijoy Pratap Mittra
have also died. Both the brothers have two children, who are the
petitioners herein and who are the legal heirs, who in law can
succeed to the estate of late Sh.Bijoy Pratap Mittra. The publication
has been carried out, however, no objection has been received.
Valuation report has been filed.
12. I find no legal impediment for grant of letters of admonition to the
estate of late Sh.Bijoy Pratap Mittra in favour of the petitioners.
13. Accordingly, present petition is allowed. Letters of administration
with respect to the estate of late Sh.Bijoy Pratap Mittra (B.P. Mittra)
be granted in favour of the petitioners, subject to petitioners
furnishing administrative bond and necessary court fees.
14. Petition stands disposed of.
G.S.SISTANI, J
SEPTEMBER 18, 2014
msr
