Vikas Kapoor vs State And Others
2016 Latest Caselaw 6579 Del

$~47
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                         Judgment Dated: 20th October, 2016
+       TEST.CAS. 14/2015
        VIKAS KAPOOR                                        ..... Petitioner
                             Through      Mr. S.S. Saluja, Advocate

                             versus

        STATE AND OTHERS                                    ..... Respondents

                     Through              None

CORAM:
   HON'BLE MR. JUSTICE G.S.SISTANI

G.S.SISTANI, J (ORAL)

1. This is a petition under Section 278 of the Indian Succession Act, 1925 for grant of letters of administration.

2. Notice was issued in this matter to the State. Citation was also published in the newspaper 'Indian Express' English edition and 'Jansatta' Hindi edition. No objections have been filed by the close relations respondent no.2(mother of the deceased), respondent no.3(wife of the deceased) and respondents no.4 and 5(being daughters of the deceased). The petitioner has filed his affidavit by way of evidence.

3. As per the affidavit so filed, deceased Vijay Kapoor died on 26.02.2014 leaving behind the legal heirs, being the petitioner and respondents no.2 to 5 herein. Copy of the death certificate has been placed on record. Copies of the citation have been placed on record. Valuation reports have also been received. Petitioner has filed the schedule of properties as Annexure-A and schedule B which are the list of debts, which are nil.

4. I have heard the learned counsel for the petitioner. Late Sh. Vijay Kapoor was an ordinary citizen of Jalandhar City, Punjab. He died on 26.02.2014. Copy of his death certificate has been placed on record. The petition discloses that the deceased had left five immovable properties- (i) 50 share in the Basement of property No.B-6, Lajpat Nagar, New Delhi-110024 (which is stated to be on lease with Axis Bank) measuring 1600 sq.ft; (ii) Ground Floor 'Tower B, Ist India Place, Block A, Sushant Lok, Mehrauli Gurgaon Road, measuring 662 sq.ft, Gurgaon, Haryana; (iii) Ground Floor Tower B, Ist India Place, Block A, Sushant Lok, Mehrauli Gurgaon Road measuring 75 sq.ft, Gurgaon, Haryana(both these spaces of the properties are stated to be on lease with IndusInd Bank; (iv) Plot no.2651, Sector 79, Urban Estate, measuring 507.5 sq.yds, SAS Nagar, Punjab; and (v) Plot no.611-B, Surya Enclave, Jalandhar Improvement Trust, measuring 500 sq.yds, Jalandhar City, Punjab.

5. Despite a notice having been issued in the 'Indian Express' English edition and 'Jansatta' Hindi edition, no objections have been filed. Accordingly, there is no legal impediment for grant of letters of administration.

6. Accordingly, the petition is allowed. Letters of administration be issued to the petitioner on his furnishing an administration bond and requisite court fee.

7. The petition is disposed of accordingly.

G.S.SISTANI, J OCTOBER 20, 2016 pst