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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Ashok Singhal - Appellant
Versus
State NCT of Delhi - Respondent
TEST.CAS. 41 of 2019 & I.A. 9232 of 2020
Decided On : 25-01-2021




Letters of Administration can be granted when no opposition is raised to a validly executed Will, affirming the testator's wishes for estate administration.

Headnote:(A) Indian Succession Act, 1925 - Grant of Letters of Administration - The petitioner seeks Letters of Administration to administer the estate of the deceased testator based on a Will dated 12th May, 1991. The respondents do not oppose the petition, except for one, who was set ex-parte. The executed Will evidences the testator's intent and was executed when he was of sound mind. (Paras 1, 20, 21)

(B) Uncontested Petition - In uncontested matters, Letters of Administration may be granted when no objections are raised, confirming the validity of the Will and the testator's intentions. (Paras 19, 20)

Facts of the case:
The petitioner seeks grant of Letters of Administration regarding late Dr. N.C. Singhal's estate per a Will executed in 1991. The petitioner and two of his siblings consented, while a fourth sibling raised a property dispute, ultimately being set ex-parte. The executed Will was validated through witnesses. (Paras 1-6)

Findings of Court:
Letters of Administration are granted to the petitioner for the estate of the deceased testator in accordance with the Will dated 12th May, 1991; valuation reports accepted for stamp duty. (Paras 20-21)

Issues: The primary issue addressed was affirmation of the executed Will of the deceased for distributing the estate and whether objections raised were warranted. (Paras 10, 19)

Ratio Decidendi: The court found that where no opposition exists, and the Will is validly executed, grant of administration is appropriate to enforce the testator's wishes. (Paras 19, 20)

Result: Petition allowed.

Table of Content
1. petition for letters of administration regarding deceased's estate (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. request for relief to grant administration (Para 9 , 10 , 11)
3. court's observations on uncontested petition and evidence (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
4. grant of letters of administration confirmed (Para 20 , 21)
5. final order to allow petition (Para 22)

JUDGMENT (Oral)

1. By this petition, the petitioner seeks grant of Letters of Administration, in order to enable the petitioner to administer the estate of late Dr. N.C. Singhal, his father, consequent to a Will, dated 12th May, 1991, executed by Dr. Singhal (hereinafter referred to as "the Testator"), who expired on 20th November, 2004.

2. Mrs. Premwati Singhal, the mother of the petitioner and wife of the Testator, expired on 27th October, 2017. The Testator is stated to be survived by the petitioner, his two brothers Mr. Prakash Chand Singhal and Mr. Tara Chand Singhal, who are impleaded as Respondent Nos. 2 and 3 herein and his sister Veena Gupta, who is impleaded as Respondent No. 4.

3. It is stated that, initially, an unexecuted Will dated 4th October 2004 was discovered by the petitioner and respondents, consequent to the death of the testator, and that they had informally agreed to abide by the covenants thereof. Later, however, the petitioner and Respondent Nos. 1 and 2 came in possession of an executed Will dated 12th May, 1991, of the Testator, in respect whereof, the present petition has been filed.

4. The Will was executed in the presence of Mr. Satish Chand Aggarwal and Mr. R.P. Agrawal, witnesses, who had also appended their signatures thereto. This, it is stated, was the last Will and testament of the Testator.

5. Respondent No. 4 is stated to have demurred, qua devolution of one particular property of the Testator, being C-115, Greater Kailash-I, New Delhi-110048. It is asserted that this property was the self acquired property of the Testator, purchased under a registered sale deed dated 6th September, 1997.

6. The original of the Will dated 12th May, 1991, as well as the registered Sale Deed dated 6th September, 1997, have been placed on record.

7. It is further asserted that the Testator was in sound health and of sound disposing mind at the time of execution of the Will dated 12th May, 1991. Under the said Will, the property at C-115, Greater Kailash-I, New Delhi-110048, inter alia, was bequeathed to the petitioner. The status of the various properties has been provided, in a tabular form, in para 9 of the petition, which may be reproduced thus:

"Senior No.Description of Assets/PropertyStatus
1.Agricultural Land/Plot at Pirthala, Tehsil PalwalYet to be administered
2.C-115, Greater Kailash-I, New Delhi-110048Yet to be administered
3.Plot in Green Field Colony situated in District-FaridabadDisposed of by Testator during his lifetime
4.9 FDRs for Rs.5000/- each for each Grandchild.,
5.Cash Deposits & InvestmentsDisposed of between the Legal Heirs in accordance with the unsigned/unexecuted"

8. The petition has been verified by the executors of the Will and their affidavits have been attached to the petition.

9. As a beneficiary to the aforesaid Will, the petitioner seeks Letters of Administration, to administer the estate of the Testator in terms thereof.

10. The petition prays thus:

    "In view of the above narrated facts and circumstances, the Petitioner most humbly pray to this Hon'ble Court:

    a) To grant Letters of Administration of Will dated 12.05.1991 with respect to the estate of Late Dr. N.C Singhal in favour of the Petitioner enabling the Petitioner to administer the estate of the Testator and/or.

    b) Pass any such other reliefs as this Court may deem fit and proper in the facts and circumstances of the present case to meet the ends of justice."

11. Notice was issued, in the present petition, on 29th May, 2019 and citations were directed to be published. Valuation reports were also called for from th

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