Delhi High Court
Mandeep Singh vs State (Govt Of Nct Of Delhi) on 5 September, 2018
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 28th August, 2018
Pronounced on: 05th September, 2018
+ TEST.CAS. 31/2016
MANDEEP SINGH ..... Petitioner
Through Mr.Gaurav Puri, Ms.Tanya
Chawla, Mr.Aditeya Bali and
Ms.Neha Khurana, Advocates.
versus
STATE (GOVT OF NCT OF DELHI) ..... Respondent
Through Mr.Kaustubh Anshurar, Advocate.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
1. This petition is under Section 278 of the Indian Succession
Act, 1925 filed by petitioner for grant of letter of administration in
respect of immovable property bearing No.34, Hemkunt Colony,
Greater Kailash - I, New Delhi (for short the 'subject property')
being the sole surviving legal heir of deceased owner - Swaran Jit
Singh.
2. The facts of the petition in brief are as follows:-
a) petitioner claims to be an adopted son of one Swaran Jit
Singh and Smt.Balbir Kaur vide vide adoption order dated
03.09.1973 passed by learned District Judge, Delhi under Section
9(4) of the Hindu Adoption and Maintenance Act, 1956;
b) vide the conveyance deed dated 05.10.1995 the subject
property was purchased by deceased Swaran Jit Singh - the
deceased father of petitioner herein;
c) Swaran Jit Singh had a fixed place of abode at the subject
property and died on 01.02.2009 and was survived by petitioner
herein and his mother - Smt.Balbir Kaur. The mother of the
petitioner also died on 09.03.2016 intestate, thus petitioner is the
only class I surviving son of the deceased; and
d) petitioner claims the letter of administration in respect of
subject property as the movable properties have already been
inherited by him being the sole nominee of the deceased.
3. Upon receipt of petition, citations were issued to the class II
relatives of petitioner; out of them only two relatives namely 1(b)
Mr.Manojranjan Shivasankar and 1(c) Professor Supriya Singh
filed affidavits of their no objections to grant of letter of
administration in favour of petitioner in respect of subject property.
As regards the other relatives, all of them were duly served in
through publication in 'Statesman' dated 07.12.2016 and
'Jansatta' on 13.01.2017, but none appeared on their behalf.
4. Per order dated 23.11.2017 the SDM concerned has filed
the valuation report qua the subject property to the tune of
3,93,33,600/-. The copies of death certificate of parents of
petitioner has also annexed to the petition.
5. In the circumstances, where the petitioner is the only class I
heir of deceased and where two class II relatives have filed their no
objection affidavits and other class II relatives have chosen not to
appear or contest the claim of petitioner despite service through
publication, there exists no impediment in grant of letter of
administration in favour of the petitioner qua the subject property,
as sought for respect of the subject property of deceased,
mentioned in schedule A.
6. In view of above, the letter of administration of subject
property of deceased, per Annexure-A, is granted in favour of the
petitioner.
7. Registry to issue the letter of administration per valuation
report as filed by SDM concerned and on paying the requisite
stamp duty etc and also upon furnishing administration bond.
8. In view of above, the petition stands disposed of. No order
as to cost.
YOGESH KHANNA, J
SEPTEMBER 05, 2018
M
