The court affirmed that surviving legal heirs can secure letters of administration for an intestate estate without opposition from relatives or the government.

JUDGMENT

Yogesh Khanna, J. (Through Video Conferencing)--This is a petition under Section 278 of the Indian Succession Act, 1925 for grant of letter of administration without Will in respect of the property No.D2 admeasuring 370 square yards, Anand Vihar, Vikas Marg, New Delhi-110092 (hereinafter referred as subject property).

2. The subject property was allotted to the father of the petitioners herein namely Dr.P.N. Banerjee @ Purnanand Banerji vide conveyance deed registered at Sr. No.1489, Book No.1, Vol. No.2799, pages No.132- 133, dated 21.03.1996 with Sub-Registrar-IV, Seelampur, Delhi. The father of the petitioner ordinarily resided at subject property and died on 12.02.2001 at Deepak Memorial Hospital, Karkardooma, Delhi. He died intestate. The mother of the petitioners had expired on 12.04.2017 at Delhi. The legal heirs of the deceased Dr.P N Banjerjee are his son and daughter /petitioners No.1 & 2 respectively.

3. It is alleged there are no other legal heirs of late Dr.P N Banerjee except both these petitioners herein and the valuation of the subject property is made Rs.2,32,50,000/- in this petition as per the circle rate published by the Government of NCT of Delhi. As the deceased was ordinarily residing at the subject property, this Court has the jurisdiction to entertain this petition.

4. The respondent /GNCT of Delhi has filed the valuation report and has no objection to grant of letter of administration in favour of petitioners as both the petitioners have succeeded the estate of Dr.P N Banjerjee. Thus, there is no impediment in grant of letter of administration without Will in their favour.

5. The Citation dated 08.07.2021 has been duly published in Statesman is on the record and till date no objection has been filed by any member of public or any other relative.

6. The affidavits have been filed by the petitioners in evidence as PW1 Siddharth Banerjee and PW2 Shona Jaiswal. PW1 has proved the copies of Aadhaar Cards of both petitioners as Ex.PW1/1 and Ex.PW1/2; copy of death certificate of their father Dr.P N Banerjee @ Purnanand Baneji as Ex.PW1/3; copy of death certificate of their mother Pushpa Bajerji as Ex.PW1/4; and copy of the conveyance deed in respect of subject property is Ex.PW1/5. Similar is the deposition of PW2 in her affidavit of evidence.

7. The valuation report has also been filed by the Tehsildaar Vivek Vihar, Shahdara District, Delhi and the net worth of the subject is shown as Rs.4,56,03,605/- in consonance with notification No.F.1(953)/Regd. Br./Div. Com.HQ 2014/5943 dated 22.09.2014.

8. Since there is no opposition on behalf of the respondent and since both the petitioners are the only surviving legal heirs of deceased allottee of the subject property, hence, there is no impediment to the grant of letter of administration of estate of late Dr P N Banerjee @ Purnanand Banerjee for the benefit of both the petitioners. Hence, the same is granted by allowing this petition.

9. Registry to issue the letter of administration without Will annexed, on paying the requisite stamp duty etc per valuation of Tehsildaar and also upon their furnishing administration bond and surety bond.

10. In view of above, the petition and pending application stands disposed of.