Umesh Kumar Pushkarna & Anr. vs State
2015 Latest Caselaw 5872 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Order delivered on: 12th August, 2015

+                             Test Case No.59/2012

        UMESH KUMAR PUSHKARNA & ANR.       ..... Petitioners
                        Through Ms. Devina Sehgal, Adv.

                                      versus

        STATE                                          .....Respondent
                                   Through     Respondent already ex-parte

        CORAM:
        HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J.

1. The petitioners have preferred the present petition under Section 278 of the Indian Succession Act (hereinafter referred to as "the Act") for grant of letters of administration in respect of the properties of Late Shri P.L Pushkarna (hereinafter referred to as the "deceased") who died intestate on 8th October, 2009.

2. It is stated that the deceased was a Hindu at the time of his death who is survived by the petitioners as his only legal heirs and has left behind the following properties as his self-acquired properties:-

S.No. Place of the Address & Valuation of Property Measurement of the the Property of Property the deceased.

1. New Delhi House No.14, First Approx. Rs.20 Floor, Block No.1, lacs Nehru Nagar, New Delhi-110065

2. Gurgaon Building No.1822, Approx Rs.70 Sector-4, Gurgaon- lacs 122003 (HRN)

Measuring 250 sq. yds.

3. It is further stated that the petitioners are the only legal representatives of the deceased and are entitled to equal share of his estate and claim grant of Letters of Administration in respect of the properties of the deceased.

4. Notice of the petition was issued to the Chief Revenue Controlling Authority and the near relatives of the deceased as mentioned in Schedule B vide order dated10th December, 2012. On the same date the notices were also directed to be issued by publication of citation in the English daily "the Statesman" and Hindi daily "Dainik Jagran" Delhi edition. Valuation report was filed on 4th March, 2013.

5. Evidence by way of affidavit was filed on behalf of the petitioners as Exhibit PW-1/A and Exhibit PW-2/A who were examined as PW-1 and PW-2 to prove the contents of the petition. Certain documents exhibited as Ex.PW-1/1 to Ex. PW-1/4 in support of their case are filed and the same are as follows :

(i) Death certificate of Late Sh. Panna Lal Pushkarna has been exhibited as Ex.PW1/1;

(ii) Schedule of properties has been exhibited as Ex.PW1/2;

(iii) Copy of Possession Certificate of property bearing No. 1822 Sector 4, Gurgaon has been exhibited as Ex.PW1/3;

(iv) Copy of Perpetual Lease Deed and Conveyance Deed dated 10th December, 1991 of Flat No. 14, Block No.1, Nehru Nagar, New Delhi-110065 has been exhibited as Ex.PW1/4.

6. The petitioners' evidence was closed accordingly vide order dated 31st October, 2014. Original documents were produced before Court through petitioners' counsel.

7. Having considered the facts of the case as well as documents placed on record, it appears that the averments made in the petition stand uncontested and are proved by way of evidence. Accordingly, the petition is allowed. Under these circumstances, the Letters of Administration is granted in favour of the petitioners in respect of the aforementioned properties, subject to the valuation report already received from the Chief Revenue Controlling Authority and the stamp duty shall be accordingly paid thereon.

8. Accordingly, the petition is allowed.

(MANMOHAN SINGH) JUDGE August 12, 2015