Sh. Ramesh Kumar vs The State & Ors.
2016 Latest Caselaw 782 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          TEST. CAS. No. 98/2011
%                                               2nd February, 2016

SH. RAMESH KUMAR                                          ..... Petitioner

                           Through:      Mr. Mukesh Kumar Dral,Adv.

                           versus

THE STATE & ORS.                                    ..... Respondents

                           Through:      Ms. Poonam S. Raswant and Mr.
                                         Khalid Rana, Advocates for R-2 to 6.

                                         Mr. Vijay Singla and Mr. Rohit
                                         Balyan, Advocates for R-7.



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

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.             This testamentary case seeks letters of administration with

respect to the estate of the deceased Sh. Thakur Dass Rakheja. Petitioner is

the real nephew i.e sister's son of late Sh. Thakur Dass Rakheja.


2.             Late Sh. Thakur Dass Rakheja died at Pithora Garh, Uttrakhand

on 17/18.8.1998. Deceased was however a permanent resident of flat no.

I/277, Block-I, Naraina, New Delhi.
Test. Cas. No.98/2011                                                        Page 1 of 4
 3.             Sh. Thakur Dass Rakheja died intestate and not leaving behind

any issue. The mother of the petitioner was the real sister of the deceased.

The brothers of the petitioner, the children of the deceased brother of the

petitioner, widow of other deceased brother, as also the sisters of the

petitioner, have been arrayed as respondent nos. 2 to 7 to this petition, and

who are represented by advocates. The respondent nos. 2 to 7 have filed no

objection for grant of letters of administration to the petitioner.


4.             In view of the fact that deceased Sh. Thakur Dass Rakheja died

intestate, his estate will be divided among a total of six parts being the four

nephews and two nieces, petitioner being one nephew, respondent no.2

being another nephew, husband of respondent no.3 being one other nephew

and father of respondent nos. 4 and 5 being the fourth nephew. Respondent

nos. 6 and 7 are the nieces of the deceased and real sisters of the petitioner.

Therefore, the estate of the deceased Sh. Thakur Dass Rakheja will be

divided in a total of six parts with petitioner getting one share, respondent

no.2 getting one share, respondent no.3 getting one share, respondent no.4

and 5 together getting one share, respondent no. 6 getting one share and

finally respondent no.7 getting one share.




Test. Cas. No.98/2011                                                       Page 2 of 4
 5.             The estate of the deceased has been shown in Schedule A of the

plaint and which has been proved and exhibited as Ex.PW-1/6.              This

Schedule A consists of two properties, one being flat no.I/277, Block-I,

Naraina, New Delhi and second being plot no. 831, Sector-45, Gurgaon,

Haryana. I may note that there is a typing mistake in the schedule qua the

number of Gurgaon property and the correct number is plot no. 831, Sector-

45, Gurgaon, Haryana.


6.             It is with respect to these two immovable properties that the

letters of administration have to be granted noting that with respect to the

movable properties a succession certificate case was filed by the father of

respondent nos. 4 and 5, and this succession certificate case was allowed in

terms of the Judgment dated 8.8.2001 of the concerned Administrative Civil

Judge, Delhi and pursuant to which the necessary succession certificate was

issued. Certified copies of these proceedings and succession certificate have

been filed on the record of this Court.


7.             Besides the fact that respondent nos. 2 to 7 have given their no

objection, petitioner has stepped into the witness box and proved the case by

filing affidavit by way of evidence.



Test. Cas. No.98/2011                                                       Page 3 of 4
 8.             In view of the above, letters of administration are granted in

favour of the petitioner with respect to the estate of the deceased Sh. Thakur

Dass Rakheja being the two aforesaid immovable properties.


               Letters of administration will be issued in favour of the

petitioner on valuation being accepted by the Registry of this Court of the

two properties and with respect to which valuations of the two properties,

petitioner will be liable to pay appropriate court fees. Petitioner will also

execute the necessary administrative bond as also surety bond for the letters

of administration which are granted. I may also note that valuation report

with respect to two properties has already been received from the concerned

authorities as shown from the Orders passed by this Court on 1.6.2012 and

6.1.2014.


9.             Petition is allowed and disposed of in terms of the aforesaid

observations.




FEBRUARY 02, 2016                                 VALMIKI J. MEHTA, J.

ib