Mithlesh Jain vs State Of Nct Of Delhi & Ors.
2022 Latest Caselaw 108 Del

$~7(2020)
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                             Date of decision: 11.01.2022
+     TEST.CAS. 29/2020 & I.A. 11615/2020 & I.A. 11616/2020
      MITHLESH JAIN                                     ......Petitioner
                          Through:     Mr. Saurabh Dev Karan Singh,
                                       Advocate

                          Versus

      STATE OF NCT OF DELHI & ORS.              ......Respondents
                    Through: Respondents No.2 & 3 in person with
                              attesting witness Mr. Ajay Jain
      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

The hearing has been conducted through video conferencing.

1. The present petition has been filed under Section 276 of the Indian

Succession Act for grant of Letters of Administration in favour of the

petitioner.

2. Petitioner herein is the wife of the brother of the father- in- law of the

testator- Late Smt. Vijaya Jain, who died on 28.06.2020 leaving behind her

last and final Will dated 28.11.2018 in respect of her property mentioned in

Schedule-I i.e. property bearing No. Flat No. F-503, Rashmi Apartments,

Amrit Co-op G.H. Society, Harsh Vihar, Pitampura, Delhi - 110034, which

was her self-acquired property.

3. The affidavit dated 19.12.2020 of respondent No.1-Rishabh Jain and

another affidavit of even date of respondent No.2-Juhi Jain, who are son and

daughter of testator, have been placed on record, wherein it has been

specifically stated that they have 'no objection' to the said property being

bequeathed in favour of petitioner, who happens to be a family relative, by

virtue of will dated 28.11.2018 executed by their mother.

4. On the last date of hearing, this Court had directed for personal

appearance of respondents No.2 & 3, who are today present through video

conferencing. Besides, one of the attesting witnesses to the Will, Mr.Ajay

Jain, is also present through video conferencing. Respondents No.2 & 3

have reiterated before this Court that they have no objection if the present

petition is allowed.

5. Pertinently, valuation Report in respect of subject property has been

received from Chief Controlling Revenue Authority. Also that respondents

No.2 & 3 are the only Class- I legal heirs of deceased- testator, who have

tendered their 'no objection' to grant of Letters of Administration in favour

of petitioner in respect of will dated 28.11.2018. Hence, the present petition

is allowed.

6. Accordingly, the Letters of Administration in respect of Will dated

28.11.2018 is granted in favour of petitioner on furnishing the stamp paper

required for the purpose and filing affidavit, etc. The Registry shall prepare

the necessary Letters of Administration as per rules.

7. With aforesaid directions, the present petition and pending

applications stand accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE JANUARY 11, 2021 r