Delhi High Court
Siddharth Banerji & Anr. vs State Of Nct Of Delhi & Ors. on 11 November, 2021
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Delivered on: 11th November, 2021
+ TEST.CAS. 51/2021
SIDDHARTH BANERJI & ANR. ..... Petitioners
Through : Mr.F.K.Jha, Advocate.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through : Mr.Anand V Khatri, Advocate for
R1.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J. (Through Video Conferencing)
1. This is a petition under Section 278 of the Indian Succession Act,
1925 for grant of letter of administration without Will in respect of the
property No.D2 admeasuring 370 square yards, Anand Vihar, Vikas
Marg, New Delhi-110092 (hereinafter referred as subject property).
2. The subject property was allotted to the father of the petitioners
herein namely Dr.P.N. Banerjee @ Purnanand Banerji vide conveyance
deed registered at Sr. No.1489, Book No.1, Vol. No.2799, pages No.132-
133, dated 21.03.1996 with Sub-Registrar-IV, Seelampur, Delhi. The
father of the petitioner ordinarily resided at subject property and died on
12.02.2001 at Deepak Memorial Hospital, Karkardooma, Delhi. He
died intestate. The mother of the petitioners had expired on 12.04.2017 at
Delhi. The legal heirs of the deceased Dr.P N Banjerjee are his son and
daughter /petitioners No.1 & 2 respectively.
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:15.11.2021 12:26
3. It is alleged there are no other legal heirs of late Dr.P N Banerjee
except both these petitioners herein and the valuation of the subject
property is made Rs.2,32,50,000/- in this petition as per the circle rate
published by the Government of NCT of Delhi. As the deceased was
ordinarily residing at the subject property, this Court has the jurisdiction
to entertain this petition.
4. The respondent /GNCT of Delhi has filed the valuation report and
has no objection to grant of letter of administration in favour of
petitioners as both the petitioners have succeeded the estate of Dr.P N
Banjerjee. Thus, there is no impediment in grant of letter of
administration without Will in their favour.
5. The Citation dated 08.07.2021 has been duly published in
Statesman is on the record and till date no objection has been filed by any
member of public or any other relative.
6. The affidavits have been filed by the petitioners in evidence as
PW1 Siddharth Banerjee and PW2 Shona Jaiswal. PW1 has proved the
copies of Aadhaar Cards of both petitioners as Ex.PW1/1 and Ex.PW1/2;
copy of death certificate of their father Dr.P N Banerjee @ Purnanand
Baneji as Ex.PW1/3; copy of death certificate of their mother Pushpa
Bajerji as Ex.PW1/4; and copy of the conveyance deed in respect of
subject property is Ex.PW1/5. Similar is the deposition of PW2 in her
affidavit of evidence.
7. The valuation report has also been filed by the Tehsildaar Vivek
Vihar, Shahdara District, Delhi and the net worth of the subject is shown
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:15.11.2021 12:26
as Rs.4,56,03,605/- in consonance with notification No.F.1(953)/Regd.
Br./Div. Com.HQ 2014/5943 dated 22.09.2014.
8. Since there is no opposition on behalf of the respondent and since
both the petitioners are the only surviving legal heirs of deceased allottee
of the subject property, hence, there is no impediment to the grant of
letter of administration of estate of late Dr P N Banerjee @ Purnanand
Banerjee for the benefit of both the petitioners. Hence, the same is
granted by allowing this petition.
9. Registry to issue the letter of administration without Will annexed,
on paying the requisite stamp duty etc per valuation of Tehsildaar and
also upon their furnishing administration bond and surety bond.
10. In view of above, the petition and pending application stands
disposed of.
YOGESH KHANNA, J
NOVEMBER 11, 2021
M
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:15.11.2021 12:26
