Natural heirs can be exempted from furnishing surety bonds in administration matters when there is no contest, supporting the need for judicial discretion based on the specifics of each case.

JUDGMENT :

MINI PUSHKARNA, J.

I.A. 4344/2025

1. The present application has been filed with the following prayers:

"a. Direct the Registry to do correction in the letter dated 28.01.2025 w.r.t the court fee amount and the correct one is Rs. 5,32,553.28/-;

b. To accept the surety property valued at Rs. 80,81,280/- along with Administrative Bond and court fees annexed with the Application and issue letter of probate/administration;

c. Exempt the Applicant from filing surety to the extent of her share in the suit property, which is amounting to Rs.90,63,832/- and;

d. Pass such other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice."

2. Learned counsel for the petitioner submits that as far as prayers (a) and (b) are concerned, the same already stand satisfied and the corrected Court Fees after calculation has already been deposited before this Court, as recorded in the order dated 20^th January, 2026. The order dated 20^th January, 2026 reads as under:

"I.A. 4344/2025 (For correction in Court fees calculation exemption from furnishing surety amount of the administrator/applicant to the extent of her share and to take on record the Court fees, Administrative Bond and surety)

As per the report of the registry, Court fee amount to Rs. 5,32,553/- is correct as per the valuations received on record.

Learned counsel for petitioner has handed over the physical copy of the E-Court Fee across the board. The same is taken on record.

Qua the relief "exemption from furnishing surety amount of the administrator/applicant to the extent of her share" which is not within the jurisdiction of this Court, let the matter be placed before the Hon’ble Court on 10.02.2026."

(Emphasis Supplied)

3. Thus, the present application has been listed today, with regard to the prayer to exempt the petitioner herein from filing surety to the extent of her share in the suit property, amounting to Rs. 90,63,832/-.

4. Learned counsel for the petitioner submits that the petitioner is executor of the Will dated 06^th April, 2012, and is also a beneficiary of the said Will, wherein, Flat No. 193, Vishwas Apartments, Plot No. 6A, Sector 23, Dwarka, New Delhi – 110075, as well as Flat No. 202, Shanti Niwas Apartment, Dhirachak, Anisabad, Patna – 800002, have been bequeathed in favour of the petitioner.

5. Learned counsel for the petitioner draws the attention of this Court to the order dated 03^rd May, 2024 passed by this Court, whereby, the Letter of Administration was granted in favour of the petitioner. She, in particular, draws the attention of this Court to paragraph 17 of the said order, which reads as under:

"xxx xxx xxx

17. The Petition is not contested by the Respondents, the other legal heirs of the deceased. Respondent No. 2 to 8 are beneficiaries under the Will and have given their No-objection/consent by way of Affidavits. Also, no third person has filed any objection pursuant to the citation in the Newspapers.

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6. By referring to the aforesaid order dated 03^rd May, 2024, learned counsel for the petitioner submits that the present petition has not been contested by the respondent nos. 2 to 8, who are the other legal heirs of the deceased and the beneficiaries under the Will dated 06^th April, 2012.

7. Attention of this Court has also been drawn to the order dated 26^th May, 2025,