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2019 Supreme(Del) 2130
IN THE HIGH COURT OF DELHI AT NEW DELHI
V. KAMESWAR RAO, J.
Ashwani Kumar Sarwal And Another — Appellant
Versus
State of N.C.T. of Delhi — Respondent
Test Case No. 72 of 2018
Decided on : 02-09-2019
Advocate Appeared:
Nihaarika Jauhari, Adv., Rajneesh Bhaskar, Adv.
The sufficiency of the petitioners' affidavit confirming the death of the deceased as evidence for the issuance of letters of administration under the Indian Succession Act, 1925.
Headnote:
Letters of Administration - Estate of Deceased - Indian Succession Act, 1925 - Section 213, Section 276 - The court allowed the petition seeking letters of administration in favor of the petitioners for the estate of the deceased, based on the Indian Succession Act, 1925. The court emphasized that the petitioners' affidavit confirming the death of the deceased sufficed as evidence, and there was no impediment to the issuance of letters of administration for the specified estate.
Fact of the Case:
The petitioners sought letters of administration for the estate of their deceased sister, who died intestate, and owned immovable property in Delhi and Telangana.
Finding of the Court:
The court allowed the petition and issued letters of administration in favor of the petitioners for the specified estate, based on the evidence provided and the provisions of the Indian Succession Act, 1925.
Issues: Seeking letters of administration for the estate of the deceased, confirmation of the death of the deceased, and compliance with the Indian Succession Act, 1925.
Ratio Decidendi: The court relied on the petitioners' affidavit confirming the death of the deceased as sufficient evidence, and emphasized that there was no impediment to the issuance of letters of administration for the specified estate under the Indian Succession Act, 1925.
Final Decision: The petition seeking letters of administration was allowed, and the court issued the letters of administration in favor of the petitioners for the specified estate.
JUDGMENT :
V. Kameswar Rao, J.
The petitioners Sh. Ashwani Kumar Sarwal and Sh. Sanjeev Kumar Sarwal are seeking letters of administration in respect of the estate of the deceased Ms. Anjum Sarwal who died intestate on February 28, 2017. The petitioners are the brothers of Late Ms. Anjum Sarwal.
2. It is stated that Late Sh. Jagjeet Singh, father of the Late Ms. Anjum Sarwal, was the erstwhile owner of built-up property bearing House No.34, D-Block, Anand Vihar, Delhi-110092, admeasuring 270.83 square yard along with its whole of structure by virtue of conveyance deed duly registered as document No.2236, in Block I, Volume No.2815 at pages 108 to 109, registered on May 07, 1996 in the Office of Sub-Registrar IV, Delhi, allotted by Delhi Development Authority. Sh. Jagjeet Singh died on August 30, 2006 at Northern Railway Central Hospital, New Delhi. Late Sh. Jagjeet Singh was survived by the following Class I legal heirs:-
a. Late Mrs. Savitri Sarwal (Wife)
b. Sh. Ashwani Kumar Sarwal (son/petitioner No.1)
c. Sh. Sanjeev Kumar Sarwal (son/petitioner No.2)
d. Late Ms. Anjum Sarwal (daughter)
3. Late Sh. Jagjeet Singh Sarwal bequeathed the entire immoveable property bearing House No.34, D-Block, Anand Vihar, Delhi-110092 to Late Ms. Anjum Sarwal vide his Will dated October 01, 2000 to the exclusion of his other legal heirs. After the demise of Late Sh. Jagjeet Singh Sarwal on August 30, 2006, the other legal heirs of Late Sh. Jagjeet Singh Sarwal namely Late Mrs. Savitri Sarwal, Sh. Ashwani Kumar Sarwal and Sh. Sanjeev Kumar Sarwal duly admitted the Will dated October 01, 2000 along with its contents. On December 17, 2007, Late Mrs. Savitri Sarwal, petitioner No.1 and petitioner No.2 duly submitted their 'No Objection Certificate' cum Declaration in favour of Late. Ms. Anjum Sarwal with respect to property bearing House No.34, D-Block, Anand Vihar, Delhi-110092 with the Municipal Corporation of Delhi, East Zone, for the purpose of mutation of the property bearing House No.34, D-Block, Anand Vihar, Delhi-110092 in the name of Late Ms. Anjum Sarwal.
4. That upon due satisfaction of the facts and documents, Municipal Corporation of Delhi, East Zone mutated the said immovable property in the name of Late Ms. Anjum Sarwal on September 23, 2008. It is stated that Mrs. Savitri Sarwal also passed away on May 16, 2015. It is also stated that the petitioners herein have duly executed registered relinquishment deed dated October 19, 2016 in favour of Late Ms. Anjum Sarwal with respect to the property to ensure that the contents of the Will dated October 01, 2000 are fully honoured and complied with. It is stated that Ms. Anjum Sarwal passed away on February 28, 2017. Late Ms. Anjum Sarwal was single and had no children during her lifetime.
5. It is stated that the petitioners made a diligent search for any Will that their sister, Late Anjum Sarwal may have made but have not found any Will. According to the petitioners, Late Anjum Sarwal has left behind the following legal heirs and there is no other successor to the deceased person's properties: a. Sh. Ashwani Kumar Sarwal (brother/petitioner No.1) b. Sh. Sanjeev Kumar Sarwal (brother/petitioner No.2)
6. The deceased has left behind the following estate "House No.34, D-Block, Anand Vihar, Delhi-110092".
7. It is also stated that Late Ms. Anjum Sarwal was also the absolute owner of open plot No.40 in Survey No.213 admeasuring 300 square yards or 250.8 square meters situated at Bhanu Enclave, Pahe I, Yapral Village, under Alwal Municipality, Malkhajgiri Mandal, Ranga Reddy District, Hyderabad, Telangana, which falls within the jurisdiction of the District Court at Rangareddy and they are in the process of taking appropriate steps for seeking Letters of Administration for the said property before the appropriate Court.
8. It may be stated here that initially the petition has been filed by both the pet
