Delhi High Court
Uma Gupta & Ors. vs The State And Another on 31 August, 2018
$~ O-17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31st August, 2018
+ TEST.CAS. 100/2010
UMA GUPTA & ORS. ..... Petitioners
Through: Mr.J.C. Mahindro, Mr.J.K. Garg and
Mr.Shubham Agarwal, Advocates
versus
THE STATE AND ANOTHER ..... Respondents
Through: Mr.Raghvendra Pandey and
Mr.Lokesh Kumar, Advocates
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The petitioners are seeking letters of administration with respect to the
estate of late Hari Kishan Gupta who died intestate on 19th February, 2007 at
Sant Parmanand Hospital, Civil Lines, Delhi.
2. The deceased Hari Kishan Gupta was survived by his widow, Uma
Gupta and three daughters namely Alka Garg, Nidhi Gupta and Anjali
Gupta.
3. This petition has been filed jointly by Uma Gupta, Alka Garg and
Nidhi Gupta. The third daughter, Anjali Gupta did not join in the petition
and was impleaded as respondent No.2 in the petition. Anjali Gupta expired
on 10th September, 2011 whereupon the petitioners filed I.A. 17344/2011 for
deletion of her name from the array of parties as she was a spinster and was
survived by one legal representative namely her mother who was petitioner
No.1 in this petition. The application was allowed on 29 th May, 2013 and
respondent No.2 was deleted from the array of the parties.
4. The citation of this petition was published in 'The Statesman' English
edition and 'Rashtriya Sahara' Hindi edition on 02 nd February, 2011 and no
objection has been received from any person.
5. The petitioner No.1, Uma Gupta examined herself as PW-1 on 20th
November, 2017 and she deposed that her husband, late Hari Kishan Gupta
expired on 19th February, 2007 and was survived by her widow and three
daughters mentioned above. The death certificate of Anjali Gupta has been
proved as Ex.PW1/1. The properties of the deceased are given in the
amended schedule of properties is Ex.PW1/2 and the death certificate of
Hari Kishan Gupta is Ex.PW1/3.
6. Petitioner No.1 has filed an additional affidavit dated 13 th August,
2018 to depose that the deceased died intestate and did not left behind any
Will. Learned counsel for the petitioner has handed over an additional
affidavit today along with copy of election card and the card issued by the
State Bank of India to prove that the deceased was the permanent resident of
Delhi at the time of his death.
7. The properties of the deceased mentioned in the amended schedule of
properties, Ex.PW1/2 have been valued by the competent authorities.
8. There is no impediment to the issuance of the letters of administration
in respect of the estate of the deceased.
9. The petition is allowed and the letters of administration are issued in
favour of the petitioners in respect of estate of late Hari Kishan Gupta
mentioned in the amended Schedule of properties, Ex.PW1/2.
10. It is clarified that this Court has not examined the title of the deceased
in respect of the properties and the letters of administration are being issued
on the petitioner's statement that the title of the properties mentioned in the
amended Schedule of properties vested in the deceased.
11. The letters of administration be issued after deposit of the Court fees
and requisite bonds.
12. Copy of this judgment be given dasti to counsels for the parties under
signature of Court Master.
AUGUST 31, 2018 J.R.MIDHA, J.
ds
