Delhi High Court
Bhavana Sood vs State (Government Of Nct Of Delhi ) ... on 3 September, 2021
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 3rd September, 2021
+ TEST.CAS. 45/2018
BHAVANA SOOD ..... Petitioner
Through: Mr.Saurabh Banerjee, Advocate
versus
STATE (GOVERNMENT OF NCT OF DELHI) & ANR.
.....Respondents
Through: Mr.Yash Sinha, Advocate for
respondent No.1
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
ASHA MENON, J: (Oral)
1. The present petition has been filed under Section 278 of the Indian
Succession Act, 1925, for grant of Letters of Administration in respect of
the Estate of late Sh. Shyam Sunder Sood and late Smt.Mamta Sood.
2. It is stated in the petition that late Sh.Shyam Sunder Sood and late
Smt.Mamta Sood, the parents of the petitioner, met with an accident and
expired on 22nd November, 2016 at 10 a.m. at Rajnagar, District
Rajsamand, Rajasthan. The petitioner/Bhavana Sood, being their
daughter, and the respondent No.2/Saurabh Sood, being their son, are the
only children of the deceased.
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
3. It is stated in the petition that the deceased were Hindus and
governed by Hindu laws. They had died intestate. Thus, the petitioner and
the respondent No.2 are Class-I legal heirs of the deceased. As the search
of the papers of the deceased revealed that they had left behind both,
movable as well as immovable properties, as listed in the Schedules A
(Colly.) & B (Colly.), the present petition has been filed for grant of
Letters of Administration. In the petition, the petitioner has placed the
valuation of the movable property/assets at Rs.2,07,57,042.80/- and that
of the two immovable properties at Rs.85,62,625/-.
4. The petitioner has sought the following reliefs: -
"i. allow the present application and grant a Letters of
Administration in favour of the Applicant, Ms.Bhavana
Sood collection of all the moveable properties/assets
and the immoveable properties/assets as specified in
paragraph no.'s 7 and 8 but not limiting her claim/s to
any other and/ or further moveable properties/ assets
and/ or immoveable properties/ assets not mentioned
hereinabove and which may be found existing in the
name/s of the deceased at any later point of time, as
specified in paragraph no.'s 7 and 8 and annexed
herein as Schedule A [Colly] and Schedule B[Colly]
annexed hereto the present application.; and/ or
ii. further enable the Applicant to administer all the
immoveable properties and/ or moveable properties/
assets mentioned hereinabove and/ or further
immoveable properties and/ or moveable properties/
assets not mentioned hereinabove and which may be
found existing in the name/s of the deceased at any
later point of time, for enabling her to administer all
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
the shares of the deceased and further to do/ conduct
all such and every act/s, if any, to the best of her ability
in any manner whatsoever and whensoever.; and/ or
iii. Such other and further order/s and/ or relief/s as
deemed fit, proper and appropriate under the facts and
circumstances of the present case."
5. The Court had sought the Valuation reports from SDM, Saraswati
Vihar, New Delhi and SDM, Gurugram, Haryana, in respect of the two
immovable properties. These were submitted on 1st February, 2019 and
8th April, 2019. The value of the property bearing No.66-A, AD Block,
Shalimar Bagh, New Delhi-110088, has been fixed at Rs.1,03,39,200/-.
The other property, which is a 3BHK+Study flat having Super Area of
2125 Sft., i.e. Flat No.C402, 4th Floor, Type-III, NBCC Heights Phase-2,
Sector 89, Gurugram (earlier known as Gurgaon), Haryana-122 201, has
been valued at Rs.88 lakhs.
6. Citations were published in two newspapers, namely, 'The Indian
Express' and 'Jansatta', both dated 25th December, 2018.
7. The respondent No.2 is the elder brother and only sibling of the
petitioner. He has filed his affidavit dated 20th July, 2019, whereby he has
given his 'No Objection' to the grant of the Letters of Administration to
the petitioner. He also appeared before court on 26th August, 2019 and
confirmed that he had filed the affidavit dated 20th July, 2019 and
affirmed before the court that he stood by its contents.
8. The petitioner examined herself as PW1 on 17th December, 2019
and no other witness. She brought on record the documents Ex. PW1/A to
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
Ex.PW1/C, Ex.PW1/D/I(Colly.) to Ex.PW1/D/VIII (Colly.) and
Ex.PW1/E (Colly). On that date, the respondent No.2, who was present in
person, did not cross examine her and also submitted that he did not wish
to lead any evidence.
9. By way of her affidavit (Ex.PW1/A), the petitioner has affirmed
that her parents have died. Their Death Certificates are Ex.PW1/A &
PW1/B. She has brought on record the copy of her Aadhaar Card as
EX.PW1. She has stated that though at the time of filing of the petition,
she placed on record the lists of all movable properties/assets as Schedule
A (Colly.) and immovable properties as Schedule B (Colly.), but stated in
her affidavit (Ex.PW1/A) that the revised list of movable properties/assets
is now as Exhibit PW1/D/I[Colly.] to Exhibit PW1/D/VIII[Colly.] and
immovable properties as Exhibit PW1/E[Colly.]. In support of these
revised lists, she has also brought on record the following: -
i. The details of the Bank Accounts are
Ex.PW1/D/I (Colly.), which include documents
relating to the accounts.
ii. The details with relevant documents of the Bank
Lockers are Ex. PW1/D/II(Colly.).
iii. The details of the Fixed Deposit Receipts along
with documents are Ex.PW1/D/III.
iv. The details of Bonds/Mutual funds/Shares in
NSDL Holdings along with documents are Ex.
PW1/D/IV(Colly.).
v. The details of Public Provident Funds along with
copy of passbook and other related documents
are Ex. PW1/D/V(Colly.).
vi. The details of National Savings Certificates
along with relevant documents are Ex.
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
PW1/D/VI(Colly.).
vii. The details of Life Insurance Policies along with
related documents are Ex. PW1/D/VII(Colly.).
viii. The details of Car Insurance Claim along with
documents are Ex. PW1/D/VIII(Colly.).
ix. The details of Immovable Property along with
copy of allotment letter and other related
documents are Ex. PW1/E(Colly.).
10. The Valuation Reports are marked as Documents F and G for
convenience.
11. There is no objection to the grant of Letters of Administration to
the petitioner, as no objections have been received from any one after the
publication of the citations. The respondent No.2 has also supported the
petitioner's request for grant of Letters of Administration to her.
12. Accordingly, on the basis of the documents and the affidavits of
the petitioner and the respondent No.2 and his "no objection", the petition
is allowed and the Letters of Administration are granted in favour of the
petitioner/Bhavana Sood to administer all the moveable and immovable
properties, including shares of the deceased and further to do/conduct all
such and every act/s to the best of her ability in any manner whatsoever
and whensoever, in respect of the following properties:-
PW1/D/I/ [Colly]-Bank Accounts:
S.no. Name of Deceased Details Approximate
Value (Rs.)
1. Late. Mr. Shyam SB a/c no. 0153000100772295, 1,86,535.60/-
Sunder Sood Punjab National Bank, 5 Sansad as on 15.02.2018
Marg, New Delhi-110001
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
2. Late. Mr. Shyam SB a/c no. 0637000200141770, 4,207.50/-
Sunder Sood Punjab National Bank, B-23, as on 06.03.2018
Ashok Vihar, Phase 1, Delhi-
110052
3. Late. Mr. Shyam SB a/c no. 3061000201002838, 27,700/-
Sunder Sood Punjab National Bank, KHRMS, as on 06.03.2018
Phase 1, Ashok Vihar, Delhi-
110052
4. Late. Mr. Shyam SB a/c no. 4184001100005183, 1,17,882.35/-
Sunder Sood Punjab National Bank, Shalimar as on 18.12.2017
Bagh, Delhi- 110 088
5. Late. Mr. Shyam SB a/c no. 1988000102490929, 12,238.63/-
Sunder Sood Punjab National Bank, Bhikaji as on 05.12.2017
Cama Place, New Delhi-110 066
6. Late. Mr. Shyam SB a/c no. 4184000200051579, 85,719.01/-
Sunder Sood Punjab National Bank, AM-60, as on 03.12.2017
Shalimar -Bagh, Delhi -110 088
7. Late. Mr. Shyam SB a/c no. 1522009500005432, 12,606.48/-
Sunder Sood Punjab National Bank, Rajendra as on 22.06.2017
Place, New Delhi-110 008
8. Late. Mr. Shyam SB a/c no. 0258000200000784, 3,578/-
Sunder Sood Punjab National Bank, Kapurthala,
Punjab
9. Late. Mr. Shyam SB a/c no. 0258000200001488, 2,903/-
Sunder Sood Punjab National Bank, Kapurthala, as on 02.11.2019
Punjab
10. Late. Ms. Mamta SB a/c no. 0153000100772329, 83,417.93/-
Sood Punjab National Bank, 5 Sansad as on 15.02.2018
Marg, New Delhi-110 001
11. Late. Ms. Mamta SB a/c no. 0637000100241240, 9,427.62/-
Sood Punjab National Bank, B-23, as on 06.03.2018
Ashok Vihar, Phase 1, Delhi-110
12. Late. Ms. Mamta SB a/c no. 1988000102491140 1,68,784.55/-
Sood Punjab National Bank, Bhikaji as on 05.12.2017
Cama Place, New Delhi-110 066
13. Late. Ms. Mamta SB a/c no. 4184001100005192 68,311.69/-
Sood Punjab National Bank, Shalimar as on 03.12.2017
Bagh, Delhi- 110 088
14. Late. Ms. Mamta SB a/c no. 30115419054 State 2,741.28/-
Sood Bank of India, Ordinance Depot, as on 25.12.2017
Shakur Basti, Delhi-110 056
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
PW1/D/II/ [Colly]-Bank Locker:
S.no. Name of Deceased Details Value (Rs.)
1. Late. Mr. Shyam Locker No. AT01903, Punjab Not Known
Sunder Sood National Bank, B-23, Ashok
Vihar, Phase 1, Delhi-110 052
PW1/D/III/ [Colly]-Fixed Deposit Receipts:
S.no. Name of Deceased Details Inception
Value (Rs.)
1. Late. Mr. Shyam FDR No. 015300DS00022334, 34,000/-
Sunder Sood Punjab National Bank, 5 Sansad
Marg, New DeIhi-110 001
2. Late. Mr. Shyam FDR No. 418400DA00017453, 90,000/-
Sunder Sood Punjab National Bank, B-23,Ashok
Vihar, Phase 1, Delhi-110 052
3. Late. Mr. Shyam FDR No. 306100SU00000725, 88,522/-
Sunder Sood Punjab National Bank, KHRMS,
Phase 1, Ashok Vihar, Delhi-110
4. Late. Mr. Shyam FDR No. 418400DP00035375, 1,05,000/-
Sunder Sood Punjab National Bank, Shalimar
Bagh, Delhi-110 088
5. Late. Mr. Shyam FDR No. 418400PU00040950, 1,00,000/-
Sunder Sood Punjab National Bank, Shalimar
Bagh, Delhi-110 088
6. Late. Mr. Shyam FDR No. 418400DA00017471, 66,019/-
Sunder Sood Punjab National BanK, AM-60,
Shalimar Bagh, Delhi-110 088
7. Late. Mr. Shyam FDR No. 418400DS00000729, 80,000/-
Sunder Sood Punjab National Bank, AM-60,
Shalimar Bagh, Delhi- 110 088
8. Late. Mr. Shyam FDR No. 418400DS00001795, 40,000/-
Sunder Sood Punjab National Bank, AM-60,
Shalimar Bagh, Delhi- 110 088
9. Late. Mr. Shyam FDR No. 418400DS00001801, 10,000/-
Sunder Sood Punjab National Bank, AM-60,
Shalimar Bagh, Delhi- 110 088
10. Late. Mr. Shyam FDR No. 418400DS00001810, 20,000/-
Sunder Sood Punjab National Bank, AM-60,
Shalimar Bagh, Delhi- 110 088
11. Late. Mr. Shyam FDR No. 418400PU00040941, 50,000/-
Sunder Sood Punjab National Bank, AM-60,
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
Shalimar Bagh, Delhi- 110 088
12. Late. Mr. Shyam FDR No. 063700DS00000241, 88,521/-
Sunder Sood Ashok Vihar Branch
13. Late. Ms. Mamta FDR No. 015300DP00083037, 35,000/-
Sood Punjab National Bank, 5, Sansad
Marg, New Delhi- 110 001
14. Late. Ms. Mamta FDR No. 198800DP00017002, 10,787/-
Sood Punjab National Bank, Bhikaji Cama
Place, New Delhi- 110 066
15. Late. Ms. Mamta FDR No. 198800DP00017145, 24,000/-
Sood Punjab National Bank, Bhikaji Cama
Place, New Delhi- 110 066
16. Late. Ms. Mamta FDR No. 418400DA00017444, 1,75,312/-
Sood Punjab National Bank, Bhikaji Caraa
Place, New Delhi- 110 066
17. Late. Ms. Mamta FDR No. 418400DA00017480, 2,31,326/-
Sood Punjab National Bank, Bhikaji Cama
Place, New Delhi- 110 066
18. Late. Ms. Mamta FDR No. 418400DP00028427, 19,16,261/-
Sood Punjab National Bank, Bhikaji Cama
Place, New Delhi- 110 066
19. Late. Ms. Mamta FDR No. 418400PU00031606, 3,92,749/-
Sood Punjab National Bank, Bhikaji Cama
Place, New Delhi- 110 066
20. Late. Ms. Mamta FDR No. 418400DA00001610, 39,620/-
Sood Punjab National Bank, Shalimar
Bagh, Delhi-110 088
21. Late. Ms. Mamta FDR No.418400DP00035302, 16,180/-
Sood Punjab National Bank, Shalimar
Bagh, Delhi-110 088
22. Late. Ms. Mamta FDR No. 418400DP00035418, 26,908/-
Sood Punjab National Bank, Shalimar
Bagh, Delhi-110 088
23. Late. Ms. Mamta FDR No. 418400PU00015130, 1,25,000/-
Sood Punjab National Bank, Shalimar
Bagh, Delhi-110 088
PW1/D/IV [Colly]-Bonds/Mutual funds/shares in NSDL Holdings:
S.No. Name of deceased Details Face value [Rs.]
1. Late Mr. Shyam Equity-Shares/Preference 51,76,619.8/-
Sunder Sood Shares=Punjab National Bank DP as on 31.07.2019
ID: IN300708 Client ID: 10135140
2. Late Mr. Shyam Mutual Funds/ Unclaimed 45,349.18/-
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
Sunder Sood dividends Folio nos. as on 31.07.2019
1004171655,1020134072
3. Late Mr. Shyam NTPC Limited fixed Interest Bonds 2,500/-
Sunder Sood as on 31.03.2018
4. Late Ms. Mamta Equity-Shares/ Preference 26,65,353.35/-
Sood shares-Punjab National Bank DP as on 31.07.2019
ID: IN300708 Client ID: 10135158
5. Late Ms. Mamta Mutual Funds/ Unclaimed 11,377.32/-
Sood dividends Folio no.1020135009 as on 31.07.2019
PW1/D/V [Colly]-Public Provident Funds:
S.no. Name of Deceased Details Value (Rs.)
1. Late. Mr. Shyam State Bank of India PPF a/c no. 18,61,634.13/-
Sunder Sood 10740282307 as on 31.03.2017
2. Late. Ms. Mamta Punjab National Bank PPF a/c 22,23,012/-
Sood no. 525 as on 27.03.2017
PW1/D/VI [Colly]: National Saving Certificates:
S.no. Name of Deceased Details Value (Rs.)
1. Late. Mr. Shyam 5yr National Savings Certificate 10,000/-
Sunder Sood No. 5NS/38EF 415475
2. Late. Mr. Shyam 5yr National Savings Certificate 10,000/-
Sunder Sood No. 5NS/ 38EF 415476
3. Late. Ms. Mamta 5yr National Savings Certificate 10,000/-
Sood No. 5NS/38EF 415473
4. Late. Ms. Mamta 5yr National Savings Certificate 10,000/-
Sood No. 5NS/38EF 415474
PW1/D/VII [Colly]: Life Insurance Policies:
S.no. Name of Deceased Details Value
(Rs.)
1. Late. Mr. Shyam LIC of India Jeevan Suraksha- Pension Plan NA
Sunder Sood Policy No. 112582984
2. Late. Mr. Shyam LIC of India Policy No. 110387645 NA
Sunder Sood
3. Late. Ms. Mamta LIC of India New Jeevan Dhara-1/ New NA
Sood Jeevan Suraksha Policy No. 331171620
4. Late. Ms. Mamta LIC of India Money Back 20yr With Profits NA
Sood policy No. 330384352
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
5. Late. Ms. Mamta Pradhan Mantri Suraksha Bima Yojana 12/-
Sood statement reflected in SB a/c no.
1988000102491140 Punjab National Bank,
Bhikaji Cama Place, New Delhi- 110 066
6. Late. Mr. Shyam Pradhan Mantri Suraksha Bima Yojana 12/-
Sunder Sood statement reflected in SB a/c no.
1988000102490929, Punjab National Bank,
Bhikaji Cama Place, New Delhi- 110 066
PW1/D/VIII- Car Insurance Claim:
S.No. Name of deceased Details Value [Rs.]
1. Late Mr. Shyam Sunder Sood Car no. DL8CQ7319 1,32,876/-
PW1/E/[colly]- Immovable property:
S.No. Name of deceased Details Value [Rs.]
1. Late Mr. Shyam NBCC Heights, Phase II, Sector 89, 85,07,555/-
Sunder Sood & Late Gurugram [earlier known as
Ms. Mamta Sood Gurgaon]-122 201, Haryana
13. The petitioner would also be at liberty to administer and claim any
other or further moveable properties/assets and/or immoveable
properties/assets, including shares of the deceased, not mentioned
hereinabove and which may be found existing in the name/s of the
deceased at any later point of time, and further to do/conduct all such and
every act/s to the best of her ability in any manner whatsoever and
whensoever.
14. The Letters of Administration be issued to the petitioner/Bhavana
Sood, subject to the requisite court fees/stamp duty being furnished in
accordance with the valuation report and upon submission of the
administration bond and surety, in accordance with law, to the
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
satisfaction of the Registrar General of this Court.
15. Matter be listed before the Registrar General for payment of
requisite court fees/stamp duty in respect of the abovementioned
immovable and movable property of the deceased and for acceptance of
the administration bond and surety bond on 13th September, 2021.
16. The order be uploaded on the website forthwith.
(ASHA MENON)
JUDGE
SEPTEMBER 03, 2021
manjeet/s
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:06.09.2021
12:04:22
