Delhi High Court
Shiv Kumar Verma vs State on 25 October, 2017
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 79/2013
SHIV KUMAR VERMA ..... Petitioner
Through Mr. Vijay Kasana with Mr. Sudhir
Naagar and Ms. Chetna Singh,
Advocates
versus
STATE ..... Respondents
Through None
% Date of Decision: 25th October, 2017
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present petition has been filed for grant of Letters of Administration
under Sections 218 and 278 of the Indian Succession Act, 1925 with respect
to the estate of deceased Smt. Sita Rani Verma.
2. It is stated that Smt. Sita Rani Verma, wife of Late Ajay Prakash
Verma and mother of petitioner no.1, i.e. Shiv Kumar Verma, expired on
18th November, 2001, leaving behind the following two legal heirs:
a. Ajay Prakash Verma (Husband)
b. Shiv Kumar Verma (Son)
3. It is averred in the petition that during her lifetime the deceased was
ordinarily residing and had permanent abode with the petitioner. The
deceased is stated to have purchased one immovable property bearing Plot
no. 180A, Block J, Phase-II, Okhla Enclave, Faridabad, Haryana and had all
interests and rights in the said property.
4. It is stated in the petition that after the death of Smt. Sita Rani Verma,
the aforementioned legal heirs had filed a petition for grant of letters of
administration before Karkardooma Courts. However, the same was
withdrawn vide order dated 2nd April, 2013, in view of the bar of Section
273(b) of the Indian Succession Act, 1925. It is stated that thereafter the
present petition for grant of letters of administration, in respect of the
aforementioned property, was filed before this Court.
5. The petitioner has also filed a certified copy of the Legal Heir
Certificate issued by the concerned SDM.
6. Notice was issued on the present petition on 16th April, 2014. Citation
was also directed to be issued, which came to be published in the English
edition of the daily newspaper "Hindustan Times" and Hindi edition of daily
newspaper „Navbharat Times‟. Despite publication of citation, no objection
has been filed till date.
7. Vide order dated 26th April, 2016, the Joint Registrar of this Court
held that the husband of the deceased, i.e. Ajay Prakash Verma, also expired
on 24th January, 2016 and the present petitioner is the only surviving Class-I
heir of the deceased, Smt. Sita Rani Verma.
8. Mr. Shiv Kumar Verma, son of Smt. Sita Rani Verma 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 certificate of the deceased, Smt. Sita Rani Verma, as
Ex. PW1/A.
b. Copy of the agreement dated 24th December, 1996 entered by
Late Smt. Sita Rani Verma with the builder for the purchase of
the property as Ex.PW1/B(Colly.).
c. Copy of the payment receipt dated 14th January, 1997 as
Ex.PW1/C.
d. Copy of the ID proofs of the petitioner as Ex.PW1/D(Colly.).
e. The death certificate of Late Ajay Prakash Verma as
Ex.PW1/E.
f. Copy of the order dated 2nd April, 2013 and statement of the
petitioner as Ex.PW1/G.
g. Certified copy of the Valuation report filed before the Ld. Trial
Court as Ex.PW1/H.
9. 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 Smt. Sita Rani
Verma, subject to the petitioner filing the requisite Court fee in terms of the
valuation report and submitting an administrative bond with one surety in
accordance with law.
10. List before Joint Registrar on 14th November, 2017 for determination
of Court fees to be paid.
MANMOHAN, J
OCTOBER 25, 2017
rs
