Delhi High Court
Virender Singh vs State & Ors on 22 December, 2017
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 01/2015
VIRENDER SINGH ..... Petitioner
Through: Mr. Mohan Kukreja, Advocate.
versus
STATE & ORS ..... Respondents
Through: None.
% Date of Decision : 22nd December, 2017
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present petition has been filed for grant of Letters of Administration
under Section 278 of the Indian Succession Act, 1925 with respect to the
estate of deceased Sh. Surender Singh and Late Smt. Soni Rawat.
2. It is stated that Late Shri Surender Singh and Late Smt. Soni Rawat,
were brother and sister-in-law of the petitioner, who expired on 16th/17th
June, 2013 in the Kedarnath Temple disaster, Uttarakhand, leaving behind
the following heirs:
a. Virender Singh (brother of Late Sh. Surender Singh and
brother-in-law of Late Smt. Soni Rawat)
b. Goving Singh Rawat (Father of Late Sh. Surender Singh)
c. Durga Rawat (Mother of Late Sh. Surender Singh)
d. Sushila Rauthan (Sister of Late Sh. Surender Singh)
e. Anita Negi (Sister of Late Sh. Surender Singh)
f. Ajit Pal Singh (Brother of Late Smt. Soni Rawat)
g. Nitu Singh (Sister of Late Smt. Soni Rawat)
3. It is stated in the petition that the abovementioned persons are the
only surviving heirs of the deceased and have all interests and rights in the
estate of the deceased. It is averred in the petition that during their lifetimes,
the deceased were originally residing in Quarter No. 23, Sector-9, R.K.
Puram, New Delhi - 110022 with their children namely Ms. Pooja Rawat,
Miss Divya Rawat and Master Jayaditya Rawat, who also expired in the
Kedarnath Temple disaster, Uttarakhand. In the petition, the deceased are
stated to be owners of the following immovable properties:
a. Free-hold DDA built up S.F.S. CAT - II Flat No. 21, Duplex
Ground and First Floors with Scooter Garage, Pocket - 1,
Sector -1, Dwarka Residential Scheme, Dwarka New Delhi.
b. Apartment No. B-707, Tower B, MGI Gharaunda, Raj Nagar
Extension, Ghaziabad, UP.
c. Unit No. B-501, Fifth Floor, Ekdant FNG, HRA-12B, Surajpur
Site C, Greater Noida.
4. It is stated in the petition that after the death of Late Shri Surender
Singh and Late Smt. Soni Rawat, the petitioner filed a civil suit praying for
Succession Certificate in relation to the movable properties, deposits,
accounts etc. of the said Late Sh. Surender Singh and Late Smt. Soni Rawat.
5. Notice was issued on the present petition on 5th January, 2015. Vide
order dated 19th April, 2016 citation has been published in the newspaper
'Statesman' English Edition and 'Jansatta' Hindi Edition. No objections
have been received after publication of the citation. Notices were duly
served on the State and the other respondents. Valuation report has been
filed by the state.
6. Vide order dated 5th January, 2015 Respondent no. 2, Govind Singh
Rawat, (father of the petitioner) who expired subsequent to the filing of the
present petition was deleted from the array of parties. Respondents no. 2 to
6, Respondents no. 8 and 9, and Respondent no. 7 were also deleted from
the memo of parties vide orders dated 9th April, 2015, 18th November, 2015
and 29th February, 2016 respectively, on the ground that they are not
necessary parties.
7. Respondents No.2 to 6, of the Amended Memo of Parties have filed
their reply-No Objection supported by affidavits.
8. Mr. Virender Singh, brother of Late Sh. Surender Singh and brother-
in-law of Late Smt. Soni Rawat has filed his affidavit by way of evidence.
The said affidavit has been exhibited as Ex. PW1/X. The petitioner has
proved the following documents:-
a. The death certificates of the deceased, Late Shri Surender Singh
and Late Smt. Soni Rawat, Ms. Pooja Rawat, Ms. Divya Rawat
and Mr. Jayaditya Rawat as Ex. PW1/1 to Ex. PW1/5.
b. ID Proof of Late Shri Surender Singh and Late Smt. Soni
Rawat as Ex. PW1/6 and Ex.PW1/7.
c. Ration card of Late Shri. Surender Singh as Ex. PW1/8.
d. List of Missing Persons issued by the designated officer at
Dehradun, Uttarakhand as Ex. PW1/9.
e. List of Missing Persons of District Tehri Garhwal as Ex.
PW1/10.
f. ID proof of the petitioner as Ex.PW1/11.
g. List of relations of Late Shri Surender Singh and Late Smt.
Soni Rawat as Ex. PW1/12.
h. Sale deed of Free-hold DDA built up S.F.S. CAT - II Flat No.
21, Duplex Ground and First Floors with Scooter Garage,
Pocket - 1, Sector -1, Dwarka Residential Scheme, Dwarka
New Delhi in the name of Late Smt. Soni Rawat as Ex. PW1/14
i. Apartment Buyer's Agreement and other documents of
Apartment No. B-707, Tower B, MGI Gharaunda, Raj Nagar
Extension, Ghaziabad, UP in the name of Late Shri Surender
Singh and Late Smt. Soni Rawat as EX. PW1/15(Colly).
j. Property Documents of Unit No. B-501, Fifth Floor, Ekdant
FNG, HRA-12B, Surajpur Site C, Greater Noida in the name of
Late Smt. Soni Rawat as Ex. PW1/16(Colly).
9. Today learned counsel for the petitioner states that the Court of ACJ-
ARC-CCJ, Patiala House Courts New Delhi has granted succession
certificate in respect of debts and securities of late Sh.Surender Singh and
Smt.Soni Rawat vide order dated 07th April, 2015 in SC No.83/14. He has
handed over photocopies of judgment and order dated 07 th April, 2015 as
well as succession certificate dated 04th June, 2015 issued by the Court of
ACJ- ARC-CCJ, Patiala House Courts New Delhi. The same are taken on
record.
10. In view of the aforementioned facts and evidence, the present petition
is allowed and the Letters of Administration is issued in favour of the
petitioner enabling him to administer the estate of deceased Shri Surender
Singh and Late Smt. Soni Rawat, subject to the petitioner filing the requisite
Court fee in terms of the valuation reports and submitting an administrative
bond with one surety in accordance with law. List before Joint Registrar on
23rd January, 2018 for determination of Court fees to be paid.
MANMOHAN, J
DECEMBER 22, 2017
KA
