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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS MAHAJAN
Aparna Mutatkar – Appellant
Versus
State Of Nct Of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioners seek letter of administration for will. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. witness testimonies confirm will validity. (Para 12) |
| 3. petitioners assert uncontested claim. (Para 13 , 14) |
| 4. legal requirements for proving a will explained. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. petitioners are entitled to administration of the estate. (Para 25) |
| 6. court's discretion in demanding administration bonds. (Para 27 , 28 , 29) |
| 7. order granted for letter of administration. (Para 30 , 31 , 32 , 33) |
JUDGMENT :
VIKAS MAHAJAN, J.
I.A. 14111/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
TEST.CAS. 95/2021
3. The present petition has been filed by the petitioners under Section 278 of the Indian Succession Act for grant of letter of administration in respect of the Will dated 17.09.2018 [hereinafter, ‘the Will’] executed by Late Kumari Usha Pathak [hereinafter, ‘the Testatrix’], daughter of Late Krishna Rao Pathak.
4. The petitioners are the daughters of real brother of the Testatrix. No Executor has been named in the Will.
5. The subject matter of Will is only one immovable property i.e. DDA Flat No. 9
The court upheld the validity of a Will executed by the deceased, confirming the petitioners as sole beneficiaries and exempting them from an administration bond due to the uncontested nature of the ....
The main legal point established in the judgment is the grant of letter of administration without Will to the surviving legal heirs of the deceased allottee under the Indian Succession Act, 1925.
Letters of Administration can be granted when legal heirs express no objection to the testator's Will, validating the petitioner's claim.
In non-contentious applications for Letters of Administration, strict proof under the Evidence Act is not required, and courts may rely on affidavits.
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