Pardeep Kumar Agarwal & Ors. vs State & Ors.
2015 Latest Caselaw 7387 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

%                           Order delivered on: 28th September, 2015

+                        Test Case No.13/2014

         PARDEEP KUMAR AGARWAL & ORS.        ..... Petitioners
                         Through Mr. Rupesh Sharma, proxy
                                 counsel for Mr. Jagjit Singh
                                 Sahni, Adv.

                                 versus

         STATE & ORS.                               .....Respondents
                               Through     Respondents are 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 letter of administration in respect of the properties mentioned in the Will dated 17th January, 1998 executed by Smt. Sushila Devi (hereinafter referred to as the "deceased") who expired on 29th June, 2013. At the time of her death, the deceased had a fixed place of adobe at 4448/10, Jai Mata Market, Tri Nagar, Delhi.

2. It has been stated that the deceased was the mother of the petitioners who left behind the following class I legal heirs:-

i) Smt. Shachi Bala (daughter) (respondent No.2)

ii) Shri. Pardeep Kumar Agarwal (son) (petitioner No.1)

iii) Shri Prem Chand Agarwal (son) (petitioner No.2)

iv) Smt. Durga Devi (daughter) (respondent No.3)

3. The deceased at the time of her death owned the following immovable and movable properties:-

i) House No.4448/10, Jai Mata Market, Tri Nagar, Delhi which comprises of ground floor, first floor and second floor erected on a plot admeasuring 50 sq. yds.;

ii) House No. 4449/10, Jai Mata Market, Tri Nagar, Delhi which comprises of ground floor, first floor and second floor erected on a plot admeasuring 50 sq. yds;

iii) Savings Account in State Bank of India, Inder Lok, Delhi

4. The deceased had duly executed her Will dated 17th January, 1998 in the presence of two witnesses in respect of abovementioned properties and had bequeathed in the following manner:-

a) She wish and will that after her death House No.4448/10, Jai Mata Market, Tri Nagar, Delhi shall devolve absolutely to her son Prem Chand Agarwal. No other heir shall have any right or interest in this property.

b) House No. 4449/10, Jai Mata Market, Tri Nagar, Delhi shall go exclusively to her son Pardeep Agarwal on her death. No other heirs shall have any right or interest in this property.

c) Her daughter Smt. Shachi Bala and Smt. Durga Devi were married and reasonable expenses and Dehej (Gift) was given as per her status. It is because of this reason she is not providing anything in favour of her daughters.

d) She has a Saving Account in State Bank of India, Inder Lok, Delhi. Whatever amount is found at the date of her death shall go equally to her grandsons i.e. sons of Mr. Pardeep Agarwal and Shri Prem Chand Agarwal. Likewise her provident fund shall also go equally to her grandsons Abhishek Agarwal s/o Prem Chand Agarwal and Love Agarwal s/o Shri Pardeep Agarwal.

5. Notice of the petition was issued to the respondents as well as to Chief Revenue Controlling Authority. Valuation report was filed by the respondent No.1 on 21st May, 2014. Citations were also published in the English edition "The Statesman".

6. Despite service by way of publication, no one appeared on behalf of the respondents No.2 and 3. The objections were also not filed. Consequently respondents No.2 and 3 were proceeded ex- parte vide order dated 22nd May, 2015.

7. Evidence by way of affidavit was filed on behalf of the petitioners as Exhibit PW-1/X and Exhibit PW-2/X who were examined as PW-1 and PW-2 to prove the contents of the petition. They have reiterated the averments made in the petition. The documents exhibited as Ex.PW-1/A and Ex. PW-1/B in support of their case are filed and the same are as follows :

(i) Death certificate of Late Smt. Sushila Devi has been exhibited as Ex.PW1/A;

(ii) Original Will dated 17th January, 1998 has been exhibited as Ex.PW1/B.

8. PW-3 Mr. Prabhjot Singh Sahni is one of the attesting witness to the Will dated 17th January, 1998 who has filed his affidavit as Ex.PW1A/X. He deposed that the testator signed the Will in his presence. He proved the testator's signatures on the Will at points A and B and also his signatures at point C.

9. The petitioners' evidence was closed accordingly vide order dated 8th September, 2015.

10. 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.

11. Accordingly, the petition is allowed.

(MANMOHAN SINGH) JUDGE SEPTEMBER 28, 2015