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2018 Supreme(Del) 1679
IN THE HIGH COURT OF DELHI AT NEW DELHI
JAYANT NATH, J.
Smt. Sunita Jain – Petitioner
Versus
The State – Respondent
TEST.CAS. 24 of 2017
Decided On : 12-07-2018
Important Points
Subject
Civil Law - Succession Law
Act Referred
Headnote
Indian Succession Act - Grant of Letter of Administration - Section 278 - 5, 17, 19, 21, 22, 57, 213, 214, 276, 278 - The court granted the Letter of Administration in favor of the petitioner based on the deceased being the absolute owner of the property as per the Will executed by Smt. Kamlawanti Jain.
Fact of the Case:
The petitioner filed a petition under section 278 of the Indian Succession Act for grant of letter of administration with respect to the estate left behind by the deceased Late Shri Anil Kumar Jain. The deceased died intestate and was survived by his wife and two sons. The property in question was originally allotted to the deceased's father and subsequently transferred to the deceased through a registered will.
Finding of the Court:
The court found that the deceased expired intestate and the petitioner and her two sons were the only legal heirs left behind. It was established that the deceased was the absolute owner of the property by virtue of the Will executed by Smt. Kamlawanti Jain.
Issues: Grant of Letter of Administration, Ownership of the Property, Legal Heirs
Ratio Decidendi: The deceased being the absolute owner of the property as per the Will executed by Smt. Kamlawanti Jain was a key factor in granting the Letter of Administration in favor of the petitioner.
Final Decision: The petition was allowed, and the Letter of Administration was issued in favor of the petitioner. No costs were awarded, and the petition was disposed of.
For the Petitioner:Mr. Ankit Gupta, Advocate
JAYANT NATH, J.
1. The petitioner filed this present petition under section 278 of the Indian Succession Act for grant of letter of administration with respect to the estate left behind by the deceased Late Shri Anil Kumar Jain (hereinafter referred to as “the deceased”).
2. Brief facts leading to this petition are that the deceased died intestate on 17.03.2017 and is survived by his wife i.e. the petitioner and two sons, namely, Anurag Jain and Devanshu Jain.
3. It is stated that the deceased was the owner of the property being no. 5, Arihant Nagar, Village Madipur, Near Punjabi Bagh, Rotak Road, New Delhi-110026 (measuring 225.55 sq. yards)(hereinafter referred to as “the said property”).
4. A perusal of the petition shows that the said property was originally allotted to Sh. Vakil Chand Jain i.e. father of the deceased, vide perpetual sub-lease deed dated 17.05.1983 by Delhi Development Authority in the layout of Vardhman Co-operative House Building Society and was further registered in favour of Sh. Vakil Chand Jain vide registered conveyance deed dated 01.05.1999 after getting it free hold by Sub-Registrar-II, Janak Puri, Delhi.
5. It is further stated that Sh. Vakil Chand Jain died intestate on 05.02.2004 leaving behind his wife Smt. Kamlawati Jain, his married son Sh. Anil Kumar Jain and two married daughters namely Abhilash Jain and Asha Jain.
6. On 04.03.2004, Abhilash Jain and Asha Jain relinquished their rights to the said property in favour of their mother Smt. Kamlawati Jain vide registered relinquishment deed dated 04.03.2004. Subsequently Smt. Kamlawati Jain executed a Will with respect to her share in the said property in favour of her son i.e. the deceased vide registered will dated 04.03.2004.
7. It is further pleaded that Smt. Kamlawati Jain expired on 09.12.2015 and the deceased became the owner of the said property by virtue of the said registered will.
8. That on 17.03.2017 the deceased expired intestate leaving behind his wife i.e the petitioner herein and his two sons.
9. The said petition came up for hearing before this court on 24.04.2017, whereby this court was pleased to issue notice to the State, Govt. NCT Delhi through Chief Controlling Revenue Authority (CCRA) to file the valuation report of the said property. It further issued notice to IDBI Bank, Rajouri Garden, Delhi, to inform this court about the outstanding loan amount due by the deceased. Citations were also published in the newspaper ‘Hindustan Times’ and ‘Hindustan’ Delhi Edition.
10. Learned counsel entered appearance for the state and submitted the valuation report of the said property dated 07.07.2017. Further on 21.09.2017, this court directed IDBI bank to produce original documents of the said property and certified copy of account details relating to Mr. Vakil Chand Jain. As there were no contesting respondents, evidence was recorded of the petitioner and arguments have been heard in this petition.
11. The petitioner has tender her affidavit Ex. PW 1/A in evidence wherein she has deposed that she is the wife and one of the Class I legal heirs of the deceased along with her two sons. The deceased Death Certificate is marked as Ex. PW1/7. She has further deposed that the said property was allotted to Shri Vakil Chand Jain by DDA vide perpetual sub-lease deed is marked as Ex.PW 1/1. The said property made was free hold on 01.05.1999, conveyance deed was registered by the Sub-Registrar-II, Janak Puri, Delhi marked as Ex. PW 1/2. It is also deposed that the Sh. Vakil Chand Jain died intestate leving behind his wife, the deceased and two married daughters. The death certificate of Sh. Vakil Chand Jain is marked and exhibited as Ex. PW 1/3. Both the daughters of Sh. Vakil Chand Jain have relinquished their rights in favour of their mother Smt. Kamlawanti Jain vide registered relinquishment deed by Sub- Registrar-II Jank Puri, Delhi vide registration No. 3933, Vol- I, Book No. 11411 page No. 164-167 on 04.03.2004 and is exhibited as Ex PW-1
