Delhi High Court
Om Prakash Bhargava vs State & Ors. on 6 April, 2023
Neutral Citation Number: 2023:DHC:2352
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 17.03.2023
Date of decision: 06.04.2023
+ TEST.CAS. 55/2022
OM PRAKASH BHARGAVA ..... Petitioner
Through: Mr.Ankur Goel, Adv.
Versus
STATE & ORS. ..... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
1. The present petition has been filed under Section 276 of the
Indian Succession Act, 1925, seeking grant of Letter of
Administration in respect of the Share Certificate and immovable
assets of Late Smt. Nisha Bhargava (hereinafter referred to as 'the
deceased'), including Flat No. A-31 and A-32, Rameshwar Darshan
Society, 4 Bungalow, Andheri West, Mumbai (hereinafter referred to
as the 'flats').
2. It is alleged that the deceased was ordinarily a resident of Delhi
and died on 29.04.2020 at Delhi.
3. It is further stated that at the time of her death, the deceased left
behind four Legal Heirs, namely, Mr. Om Prakash Bhargava
(husband) -the petitioner herein; Mr. Jitin Bhargava (son)- respondent
no.2 herein; and, Smt. Priya Bhargava and Mrs. Chabi Bhargava
(daughters) - respondent nos. 3 and 4 herein, respectively.
4. It is averred in the petition that the deceased, during her
lifetime,
Signature Not Verified received several gifts from her father-in-law Shri Murari Lal
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Signing Date:06.04.2023
Neutral Citation Number: 2023:DHC:2352
Bhargava, and her husband, the petitioner herein. From the gifts
received and her other savings, the deceased owned the
abovementioned Flats.
5. It is stated that the deceased did not execute any Will.
6. The details of the properties allegedly left behind by the
deceased have been filed as a Schedule to the petition.
7. It is stated that the deceased during her lifetime had submitted
the title documents of the Flats as a security for the business loan of
the petitioner. In order to release the documents, the HDFC Bank, vide
letter/email dated 02.03.2022, has demanded a Letter of
Administration. Hence, the present petition was filed.
8. Notice was issued in the petition on 30.05.2022. Citation was
also directed to be published by the petitioner in 'The Statesman'
(English Edition) and 'Nav Bharat Times' (Hindi Edition) in Delhi
and Mumbai.
9. On the same date, valuation report in respect of the immovable
suit properties situated in Mumbai was directed to be obtained from
the concerned Sub-Divisional Magistrate (SDM). The said valuation
report was filed on 24.08.2022.
10. In the order dated 22.08.2022 passed by the learned Joint
Registrar (Judicial), it is recorded that the citations have been
published on 18.07.2022. The learned counsel for respondent nos.2 to
4 also submitted that the respondent nos.2 to 4 do not oppose the grant
of Letter of Administration in favour of the petitioner. The said
respondents have later filed their Affidavits giving 'No Objection' to
the grant of Letter of Administration to the petitioner.
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:06.04.2023
Neutral Citation Number: 2023:DHC:2352
11. Evidence by way of Affidavit of the petitioner (PW-1) was
tendered on 28.02.2023. Apart from stating the facts and averments in
the petition, PW-1 has produced the following documents:-
a. Death Certificate of Late Smt. Nisha Bhargava (Ex.PW-
1);
b. Schedule of properties (Ex. PW-2);
c. Copy of the letter/email dated 02.03.2022 issued by
HDFC Bank (marked as Mark-A).
12. At the outset, it is noticed that the petitioner has not filed any
document in support of the claim of the properties allegedly left
behind by the deceased and as mentioned in the Schedule of
Properties (Ex.PW-2). This Court, therefore, cannot issue a Letter of
Administration specifying the estate of the deceased to which the
Letter of Administration is issued.
13. At the same time, the petitioner has proved on record that the
deceased was an ordinary resident of Delhi and, in fact, died in Delhi
on 29.04.2020.
14. The petitioner is the husband of the deceased and, therefore, is a
Class-I Legal Heir. The respondent nos.2 to 4, who are the other
Class-I Legal Heirs of the deceased, have filed their affidavits
expressing their 'No Objection' to the grant of Letter of
Administration to the estate of the deceased to the petitioner. The
petitioner claims that there is no other Class-I Legal Heir left behind
by the deceased. As such, the present petition has been uncontested.
15. It is stated that the deceased died intestate.
16. In view of the above, the Letter of Administration to the estate
of the deceased-Smt. Nisha Bhargava is granted in favour of the
petitioner.
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:06.04.2023
Neutral Citation Number: 2023:DHC:2352
17. Registry is directed to issue the Letter of Administration for
valuation report as filed on record and on paying the requisite Stamp
Duty, etc., and also upon furnishing administration bond by the
petitioner.
18. The petition is disposed of in the above terms. There shall be no
order as to costs.
NAVIN CHAWLA, J
APRIL 06, 2023/KP
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:06.04.2023
