JUDGMENT

Sanjeev Narula, J. (Oral)--Mr. S. K. Mittal has applied for letters of administration in respect of the estate of his deceased brother - late Shri Rajan Mittal, who passed away intestate on 18th June, 2021.

2. Under Section 218 of the India Succession Act, 1925, if a Hindu person dies intestate, the administration of the estate may be granted to a person who, according to the rules of distribution of the estate applicable in the case of such deceased, would be entitled to whole or any part of the deceased estate. In the instant case, the right to such estate would lie first with the deceased's Class 1 legal heirs. Therefore, at the outset, the Court has queried the counsel regarding the maintainability of the petition at the instance of the Petitioner, when the deceased is survived by Class 1 Legal Heirs i.e., his elder son - Mr. Shrey