Delhi High Court
Meena Chaudhary Sharma vs The State & Ors on 20 September, 2018
$~O-33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20th SEPTEMBER, 2018
+ TEST.CAS. 11/2012 & I.A.15373/2016
MEENA CHAUDHARY SHARMA ..... Petitioner
Through: In person.
Versus
THE STATE & ORS ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The petitioner is seeking letters of administration in respect of the
estate of Late Radhey Lal Chaudhary who died intestate on 11th June, 1998.
2. The deceased, Late Radhey Lal Chaudhary was unmarried and was
survived by his mother, Rahiman Bai Guddi who expired on 11th June, 2005
leaving behind one son, Rajiv Lal Chaudhary (Respondent no.2) and two
daughters, Meena Chaudhary Sharma (Petitioner) and Asha Chaudhary @
Asha Bhattarchee (Respondent no.3).
3. The petitioner is the sister; respondent No.2 is the brother and
respondent No.3 is the second sister of Late Radhey Lal Chaudhary.
4. The deceased has left behind the following estate:
i. Property No.6926/179 and 6926/180, also known as 179-180,
Ward No.XI, Jaipuria Mill, Subzi Mandi Clock Tower, Delhi-
110007, measuring 220 Sq.yds., purchased by way of Sale Deed
dated 17.02.1994;
ii. 1/3rd undivided share in the plots No.5 and 6 comprised in Old
Khasra No.378 (New Khasra No.410), situated in Village Mungaska,
Tehsil and District Alwar, Rajasthan;
iii. Savings Bank Account bearing No.126000100346599 with
Punjab National Bank, Clock Tower Subzi Mandi Branch, Delhi-
110007; and
iv. One Maruti Zen Car bearing Registration no.DL-8CD-0463.
5. The petitioner is seeking letters of administration in respect of the
three properties mentioned in para 4 above. With respect to the Maruti car
mentioned in para 4(iv), it is submitted that it has become junk and letters of
administration are not necessary in respect of the Maruti car.
6. The petitioner examined herself as PW-1 and deposed that her brother
Late Radhey Lal Chaudhary was a permanent resident of Delhi and he died
intestate on 11th June, 1998. She further deposed that deceased was
unmarried and he died issueless and his estate devolved upon his mother,
Rahiman Bai Guddi, the only Class-I legal heir. Rahiman Bai Guddi, mother
of the deceased died intestate on 11th June, 2005 without seeking any letters
of administration in respect of the estate of the deceased and her estate
devolved upon the petitioner and respondent No.2 and 3 in equal shares.
7. The death certificate of the deceased is Ex.PW-1/1 and the death
certificate of late Rahiman Bai Guddi is Ex.PW-1/3. The copy of the sale
deed of the Property No.6926/179 and 6926/180, also known as 179-180,
Ward No.XI, Jaipuria Mills, Subzi Mandi Clock Tower, Delhi-110007 is
Ex.PW-1/4; copy of the passbook of savings bank account bearing
No.126000100346599 with Punjab National Bank, Clock Tower Subzi
Mandi branch, Delhi-110007 is Mark-C; copy of the documents relating to
Old Khasra No.378 (New Khasra No.410), situated in Village Mungaska,
Tehsil and District Alwar, Rajasthan are Ex.PW-1/3 (colly) and the copy of
the registration certificate of the Maruti Zen Car bearing Registration no.DL-
8CD-0463 is Ex.PW2/1.
8. Defendants No.2 and 3 have filed their reply dated 19 th April, 2012 in
which they have admitted the contents of the petition to be correct and they
have no objection to the grant of letters of administration in favour of the
petitioner in respect of the estate of the deceased.
9. The citation of this petition was published in the Delhi edition of
'Statesman' and no objection has been received from any person.
10. This Court is not required to go into the question of title of the
deceased in respect of the above mentioned properties in these proceedings
for letters of administration of the deceased under the Indian Succession Act,
1925. As such, there is no impediment to the issuance of the letters of
administration in respect of the estate of the deceased.
11. The immovable properties of the deceased mentioned above have
been valued by the competent authorities.
12. The petition is allowed and the letters of administration are issued in
favour of the petitioner in respect of estate of late Radhey Lal Chaudhuary
mentioned in para-5 above.
13. The Letters of Administration be issued after filing of the requisite
Court fees and bonds by the petitioner.
14. Pending application disposed of.
15. Copy of this judgment be given dasti to counsels for the parties under
signature of Court Master.
SEPTEMBER 20, 2018 J.R. MIDHA
ds
(JUDGE)
