Aruna Sachdeva vs The State (Nct Of Delhi) & Ors.
2015 Latest Caselaw 5265 Del

$~32
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      TEST.CAS 6/2013

                                                  Decided on 22nd July, 2015

       ARUNA SACHDEVA                                       ..... Petitioner

                           Through      :Mr. Hemant Manjani, Proxy counsel

                           versus

       THE STATE (NCT OF DELHI) & ORS.                ..... Respondents

                              Through      : Mr. Jitender Ratta, Proxy counsel

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

A.K. PATHAK, J. (ORAL)

1. By this petition under Section 273 of the Indian Succession Act, 1925

("the Act", for short) petitioner has prayed for grant of Letters of

Administration in respect of movable and immovable properties left behind

by her husband Late Shri Prem Chand Sachdeva (deceased). Respondent

nos. 2 and 3 are their children.

2. Petitioner has alleged in the petition that Shri Prem Chand Sachdeva

died on 31st August, 2008 at Delhi. He has left behind petitioner, respondent

nos. 2 and 3 as his legal heirs. Deceased was the resident of Delhi.

Deceased died intestate. He did not make any Will during his lifetime.

Deceased has left behind the movable and immovable properties as detailed

in the "Schedule-B" of the petition.

3. As per the "Schedule-B", deceased has left behind the following

movable and immovable properties:-

"1. Half of the portion of the property bearing no 16/24A. Block 16, Double Storey, Moti Nagar, New Delhi - 110015;

2. 38 Shares of Reliance Power Ltd. Vide certificate no. 4068414, Distinctive no. 2397019625 - 2397019662 and 7 Shares of Reliance Capital Vide certificate No.16655716, Distinctive No.0226390897 - 0226390903

3. 24 debentures vide certificate No.12319515, 03991249, 000145151 and 304 Shares of Reliance Industries Ltd. Vide certificate No.14759409, 14759410, 07231781, 07231782, 53665298, 53665299, 53665300, 12319515, 03991249, 10019044,

4. 100 shares of Nandanvan Investments Limited, vide certificate No.003298 and 003299, distinctive Nos. Of the shares are 00347201 to 00347250 and 00347151 to 00347200

5. 50 shares of Larsen & Toubro Limited vide certificates No.636742, 2866652, 4170531, distinctive Nos. 209348284 to 299348303, 100695543 to 100695562, 140857428 to 140857437

6. T-10/SB-10/607, Sapphire Berry Tower, Sector-88, Faridabad, Haryana.

4. Notices were directed to be issued to the respondents. It was further

ordered that citation be published in the newspapers "Indian Express" and

"Navbharat Times".

5. After service, respondent nos. 2 and 3 appeared in Court and filed „No

Objections‟ stating therein that they have no objection in case the petition is

allowed and Letters of Administration in respect of the properties as

mentioned in the petition more particularly in the Schedule B is granted to

the petitioner. In fact, respondent nos. 2 and 3 has also mentioned the

details of properties left behind by the deceased, which are same as have

been detailed in the petition and Schedule B. Respondent nos.2 and 3 have

also filed their affidavits in support of the „No Objections‟. Citations, as

directed were duly published in the newspapers "Indian Express" and

"Navbharat Times". However, no one came forward to oppose the grant of

"Letters of Administration" to the petitioner.

6. Petitioner has stepped in the witness box as PW1. She has tendered

her affidavit Ex. PW1/A in her examination-in-chief. She has fully

corroborated the averments made in the petition. She has proved death

certificate of the deceased as Ex. PW1/1; copy of voter ID card of the

deceased as Ex. PW1/2; copy of her voter ID card as Ex. PW1/3; copy of

Gift Deed dated 7th September, 1994 as Ex. PW1/4; copy of Buyers

Agreement dated 20th April, 2007 as Ex. PW1/5. Copies of shares

certificates of Reliance Power Ltd., Reliance Capital, Reliance Industries

Ltd. as Ex. PW1/6 to Ex. PW1/8, respectively; copies of debentures

certificates of Reliance Industries Ltd. as Ex. PW1/9; copy of share

certificate of Nandanvan Investments Ltd. as Ex. PW1/10 and copy of share

certificate of Larsen & Turbo Ltd. as Ex. PW1/11. Originals of

abovereferred documents were produced before the Joint Registrar on 6 th

September, 2004.

7. In view of the fact that petitioner has proved her case, as set up in the

petition and the fact that respondent nos. 2 and 3 have not objected to the

grant of Letters of Administration to the petitioner, I am of the view that

there is no impediment in granting the Letters of Administration to the

petitioner. Sub- Section 218 (1) of the Act envisages that if the deceased has

died intestate and was a Hindu, administration of his estate may be granted

to any person who, according to the rules for the distribution of the estate

applicable in the case of such deceased, would be entitled to the whole or

any part of such deceased‟s estate. Sub-Section 2 postulates grant of such

administration to any one or more such person/persons by the court when

several such persons apply for such administration. Petitioner is one of such

persons entitled to succeed the estate of the deceased and Letters of

Administration can be granted to her.

8 For the foregoing reasons, Letters of Administration is granted to the

petitioner in respect of the estates of deceased as detailed in the Schedule B

to the petition, subject to payment of requisite court fee, valuation of estate

of the deceased and furnishing of Administration Bond with one surety by

the petitioner, to the satisfaction of the Registrar General of this Court.

9. Petition is disposed of in the above terms.

A.K. PATHAK, J.

JULY 22, 2015 rb