Neutral Citation Number:- 2023:DHC:2832

TEST.CAS. 94/2019

Page 1 of 17

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Order reserved on: 17 February 2023

Order pronounced on: 28 April 2023

+

TEST.CAS. 94/2019 & I.A. 17957/2019(U.O. 39 R. 1 & 2),

I.A. 12506/2020(U.O. VII R. 10 CPC), I.A. 3766/2021(Delay in

Rej.), I.A. 3767/2021(Delay in Reply), I.A. 5027/2021(Delay in

Reply), I.A. 16325/2022(U.O. VI R. 17 CPC), I.A. 3230/2023

DR. LATA MAITRI & ORS.

..... Petitioners

Through:

Ms. Radhika Chandresh, Adv.

Petitioner No.2 in person.

versus

STATE OF DELHI & ANR.

..... Respondents

Through:

Mr. Brajesh Kr. Srivastava, Mr.

Umesh Kr. Gupta, Advs. for R-

2.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

O R D E R

1.

The present petition for grant of Letters of Administration¹

has been instituted by the mother [petitioner no.1], father [petitioner

no.2] and brother [petitioner no.3] of the late Dr. Shruti Maitri² who

is stated to have expired in Delhi on 08 March 2019. The LoA have

been claimed in respect of properties described more fully in Schedule

B of the petition and the same is reproduced hereinbelow: -

1 LoA

2 the deceased

Digitally Signed

By:NEHA

Signing Date:28.04.2023

17:46:11

Signature Not Verified

Neutral Citation Number:- 2023:DHC:2832

TEST.CAS. 94/2019

Page 2 of 17

―

Schedule B

Description of the properties left behind by Dr. Shruti Maitri:-

(1) Superannuation Fund with First State Super vide membership

no. 3847784, Account No. EK9699. The value of this fund is

approx. 260937 (Aus.) Dollar = Rs. 1.27 crores.

(2) Investment in Flat/Unit No. 306, Meriton Towers, 330 Church

Street, Parramatta, New South Wales, Post Code – 2150,

Australia of Rs. 60 lacs. Petitioner's share in the said flat as per

investment of Dr. Shruti Maitri. The value of this share at present

is being valued at Rs. 60 lacs + interest @ 18 p.a. = Rs. 70 lacs.

(3) Cash amount (pre-marriage savings) approx. Rs. 6 lacs in

savings Bank Account with Andhra Bank.‖

2.

The second respondent is admittedly the husband of the

deceased while respondent nos. 3 and 4 are bodies established to

administer superannuation funds in the State of New South Wales,

Australia. As per the admitted case of the petitioners, the deceased

married the second respondent at Delhi on 03 December 2017 as per

Hindu customs. It is their case that the deceased suffered an injury on

02/03 February 2019 and travelled to India on 01 March 2019 for

requisite medical procedures and treatment. The petitioners further

disclose that the deceased was admitted in a hospital on 04 March

2019 and was operated upon on 05/06 March 2019. It is stated that on

07 March 2019, the deceased on account of post operative

complications suffered pulmonary embolism and unfortunately passed

away on 08 March 2019.

3.

The petition was based on an assumption that first petitioner

had been nominated as the beneficiary in the superannuation funds. In

terms of an intimation dated 19 August 2019, the first petitioner was

Digitally Signed

By:NEHA

Signing Date:28.04.2023

17:46:11

Signature Not Verified

Neutral Citation Number:- 2023:DHC:2832

TEST.CAS. 94/2019

Page 3 of 17

informed by respondent no. 3 of the proposed release of all monies

standing to the credit of the superannuation fund of the deceased in

favour of the second respondent.

4.

The petitioners contended that the deceased was an Indian

citizen who was working in Australia on a work permit and thus the

administration of her estate would be governed by Indian law. In

paragraph 35 of the present petition, the petitioners alleged that the

deceased had identified a flat in Australia and since she had not been

granted a Permanent Resident status in that country, the same was

purchased in the name of the second respondent. As per their case,

the deceased is stated to have contributed 80% of the tot