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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. KAMESWAR RAO, J.
Mr. Sunil Sethi – Petitioner
Versus
State (NCT of Delhi) – Respondent
TEST. CAS. No. 64 of 2019, I.A. Nos. 11492, 11493 of 2019
Decided On : 10-12-2019
Letters of Administration - Estate of Late Mr. Sanjeve Sethi - Hindu Succession Act, 1956 - Indian Succession Act, 1925 - [Hindu Succession Act, 1956 - Schedule II, Indian Succession Act, 1925 - Schedule B] - The court granted letters of administration in favor of the petitioner for the estate of his late brother, who died intestate, as the only surviving legal Class II heir. The court did not delve into the deceased's property titles, as it was not necessary for the letters of administration under the Indian Succession Act, 1925.
Fact of the Case:
The petitioner sought letters of administration for the estate of his late brother, who died intestate, leaving behind immovable and movable properties. The petitioner was the only surviving legal Class II heir.
Finding of the Court:
The court found that the petitioner had made out a case for the grant of letters of administration for the estate of his late brother, as per Schedule B of the petition.
Issues: The main issue was the grant of letters of administration for the estate of the deceased, who died intestate.
Ratio Decidendi: The court granted letters of administration to the petitioner as the only surviving legal Class II heir of the deceased, without delving into the question of property titles.
Final Decision: The petition was allowed, and letters of administration were issued in favor of the petitioner for the estate of the late Sanjeve Sethi, as mentioned in Schedule-B of the petition. All pending applications were disposed of.
JUDGMENT :
V. KAMESWAR RAO, J.
1. The present petition has been filed by the petitioner with the following prayers:-
(a) Grant Letters of Administration in favor of the Petitioner, for the Estate both moveable and immovable of the Deceased (Late Mr. Sanjeve Sethi aka Mr. Sanjeev Sethi) as specified in Schedule-B.
(b) Pass any other or further orders, as this Hon'ble Court may deem fit and proper.
2. It is the case of the petitioner that his brother Sanjeve Sethi (hereinafter referred to as “late brother”) had passed away on April 25, 2019 at Galaxy Hospital, Xelpem Duler, Mapusa, Goa from cancer. His late brother’s permanent place of abode was at New Delhi at the family home G-9, South Extension, Part-II, New Delhi-110049. A copy of the death certificate has been exhibited as Ex.PW1/1. That his late brother was unmarried and died intestate. His late brother had no Class-I legal heir as specified in Schedule to the Hindu Succession Act, 1956. It is the petitioner’s case that his parents died much prior to the death of his late brother. It is also stated that he was the only sibling of his late brother and only surviving legal Class-II heir depicted in Schedule A, exhibited as Ex.PW1/5.
3. It is his case that his late father Jagjit Rai Sethi passed away on August 12, 1984 (Ex. PW1/6). Even his mother Pushpa Sethi passed away on August 17, 2004 (Ex. PW1/7). His mother left behind a Will dated July 27, 2001 (Ex. PW1/8) wherein her entire estate was bequeathed between the petitioner, his late brother and petitioner’s daughter as specifically nominated by her in the records. The bonds and shares which have no nominee specified was bequeathed by her in favour of the petitioner and his late brother. His mother further desired that the moveable valuable/articles lying at the Ground Floor of her residential house G-9, South Extension, Part II, New Delhi to be equally divided by her sons and daughter in law. It is the case of the petitioner that his late brother, on November 16, 2016, with an intention to get the family house at G-9, South Extension Part II, New Delhi redeveloped/reconstructed, executed a Special Power of Attorney in favor of the petitioner, exhibited as Ex. PW1/9. Accordingly, the petitioner entered into a collaboration agreement (Ex. PW1/10) with a builder M/s Shruti and Siddharth Constructions Pvt. Limited for getting their house at G-9, South Extension, Part II, New Delhi redeveloped/reconstructed on the terms and conditions specified in the aforesaid agreement. The same is presently under construction and the allocation of the property is as under:-
| OWNERSHIP OF MR. SUNIL SETHI IN G-9, SOUTH EXTENSION-II, NEW DELHI-110049 | |
| 1 | Entire First Floor |
| 2 | Half of Third Floor with Specified Terrace Area |
| 3 | Half Basement Floor as Specified |
| 4 | Separate Driveway with Independent Gate as Specified |
| 5 | Use of the Common Areas, Facilities and Services |
| 6 | 50% Ownership of the Staircase above the First Floor Landing |
| 7 | Proportionate 38.75% undivided, indivisible, and impartible ownership rights in the plot of land measuring 600 sq. Yds. |
| 8 | 50% of additional/increased FAR available upon sanction or in the future |
| OWNERSHIP OF MR. SANJEVE SETHI IN G-9, SOUTH EXTENSION-II, NEW DELHI-110049 | |
| 1 | Entire Second Floor |
| 2 | Half of Third Floor with Specified Terrace Area |
| 3 | Half Basement Floor as Specified |
| 4 | Separate Driveway with Independent Gate as Specified |
| 5 | Use of the Common Areas, Facilities and Services |
| 6 | 50% Ownership of the Staircase above the First Floor Landing |
| 7 | Proportionate 38.75% undivided, indivisible, and impartible ownership rights in |
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