DELHI HIGH COURT
Reva Khetrapal, J.
Richa Pardeshi - Appellant
Versus
State - Resopndent
EST CAS. 80/2010
Decided On : 21-05-2012
Succession Act, 1925 - Section 291 - Exemption from furnishing of an Administration Bond - Petitioner is only legal heir and sole beneficiary to the estate of her late father - Exemption sought from furnishing of an Administration Bond - Entitlement - Considered.
Reva Khetrapal, J.
1. By way of the present petition filed by the petitioner under Sections 270, 278 and 300 of Indian Succession Act, 1925, the petitioner seeks grant of Letters of Administration of the estate of the deceased, late Sh. Gian Parkash Kapur, being his daughter.
2. The deceased, Sh. Gian Parkash Kapur, son of late Sh. Ajudhia Parshad Kapur expired on 16.04.2006. At the time of his demise, he was residing at his own flat situated at S-473, Flat No. 3 (Ground Floor Rear Portion), Greater Kailash, Part-II, New Delhi-110048. The said flat was purchased by late Sh. Gian Parkash Kapur out of his own funds and constituted his self acquired property. The flat was purchased from Smt. Asha Kapur wife of Sh. M.M. Kapur vide Sale Deed dated 19.03.1993 registered with Sub-Registrar III for a sum of Rs. 8,00,000/- and since then till the time of his death, late Sh.Gian Parkash Kapur and the petitioner, Smt. Richa Pardeshi were living in the same.
3. The mother of the petitioner, Smt. Achla Kapur, that is, wife of Sh.Gian Parkash Kapur, pre-deceased him leaving behind the petitioner and son of the deceased, namely, Sh. Rajesh Kapur and late Sh.Gian Parkash Kapur. The son of late Sh.Gian Parkash Kapur and the brother of the petitioner also died on 14.07.2001 and, thus, pre-deceased late Sh.Gian Parkash Kapur. Thus, the petitioner is the only surviving legal heir of the deceased as per the Hindu Succession Act, who remained unmarried till the death of the deceased. The petitioner asserts that to the best of her belief, the deceased has left no Will or testament to his estate and, thus, she being the only surviving member of the family, is entitled to the estate of the deceased and there is no impediment to the grant of Letters of Administration in her favour. It is also submitted that the petitioner is in complete physical possession of the immovable property mentioned in Schedule B to the petition. The petitioner is, thus, entitled to have the property transferred/mutated in her favour.
4. Notice of the institution of the petition was issued to the respondent-State and orders passed for publication of citation in the daily, "The Statesman" which was duly published on 15.12.2010. A valuation report was also called for from the Revenue Controlling Authority of the Government of NOT of Delhi.
5. The petition being uncontested, the petitioner adduced her own evidence as PW-1 by tendering her affidavit by way of evidence Exhibit PWT1/A.
6. In her affidavit by way of evidence, the petitioner reiterated the contents of her petition and proved on record the Sale Deed pertaining to property bearing No. S-473, Flat No. 3 (Ground Floor Rear Portion), Greater Kailash, Part-II, New Delhi-110048 in favour of late Sh.Gian Parkash Kapur as Exhibit PW1/1; the death certificate of her mother, late Smt.Achla Kapur as Exhibit PW1/2; the death certificate of her brother, late Sh.Rajesh Kapur as Exhibit PW1/3; the death certificate of her father late Sh.Gian Parkash Kapur as Exhibit PW1/4; the photocopy of the ration card of the deceased with the name of the petitioner as his daughter as Exhibit PW1/5; the photocopy of the CGHS Card for the pensioners of the deceased as Exhibit PW1/6, which reflects the name of the petitioner, which has been scored out; the photocopy of the passport of the petitioner as Exhibit PW1/7 showing the name of the deceased as her father; the driving licence of the petitioner exhibited as Exhibit PW1/8 wherein the name of her husband is reflected; the Marriage Certificate of the petitioner exhibited as Exhibit PW1/9 showing the factum of her marriage with Sh.Gunjan Pardeshi.
7. PW-1, Smt.Richa Pardeshi stated in her sworn statement that the account of assets of the deceased, which are likely to come to her hands, have been detailed in 'Schedule B' and 'Schedule C' annexed with the petition. The value of the estate referred to in 'Schedule B', she stated was approximately Rs. 30,00,000/- (Rupees thirty lakhs only), and in
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