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2023 Supreme(Del) 3292

REKHA PALLI
Nasreen Hashmi – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates appeared:
Mr. Nasir Aziz & Mr. Swet Singh, Advocates for petitioner with petitioner in person.
Mr. Nipun Katyal, Advocate, for the Respondent-1.
Mohd. Azmat, Advocate, for the Respondent-2 & 3.

JUDGMENT

Rekha Palli, J. (Oral)--The present petition under Section 278 of the Indian Succession Act, 1925 seeks grant of Letters of Administration in respect of immovable property left by late Shri Anwar Ahmad Khan. It is claimed by the petitioner that she was alongwith her two children and her late husband Shri Anwar Ahmad Khan residing at X-202, Taj Enclave, Geeta Colony, East Delhi, where they continued to reside till the death of her late husband.

2. It is her case that her husband expired intestate on 06.02.2020 leaving behind her and her two children as the only legal heirs. It is further averred that she and her late husband were joint owners of property bearing no. 304, 3 Tower-4,(A-4), Casa Greens, Plot No. GH-04A, Sector-16, Greater Noida, Uttar Pradesh, the possession whereof was yet to be handed over to them.

3. Since the petitioner's husband expired without leaving any will, all his three legal heirs i.e., the petitioner and her two children, respondent nos. 2 and 3 are entitled to succeed to his share in the aforesaid flat bearing no. 304, 3 Tower-4,(A-4), Casa Greens, Plot No. GH-04A, Sector-16, Greater Noida, Uttar Pradesh.

4. Upon notice being issued in the peti

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