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HIGH COURT OF DELHI
PARKER H CROFT JR – Appellant
Versus
STATE – Respondent
TEST.CAS.-58/2009
NEUTRAL CITATION NO. 2022/DHC/004723
TEST.CAS.58/2009 Page 1 of 7
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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Decided on: 03rd November, 2022
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TEST.CAS. 58/2009
PARKER H CROFT JR
.....Petitioner
Represented by:
Ms.
Rukhsana
Chaudhury,
Advocate.
versus
STATE
...... Respondent
Represented by:
Ms. Pavitra Kaur, Advocate.
CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G E M E N T
NEENA BANSAL KRISHNA, J. (ORAL)
I.A. 6891/2022 (U/S 151 of CPC, 1908)
1.
An application under Section 151 of the Code of Civil Procedure,
1908 (hereinafter referred to as “CPC”) has been filed on behalf of the
petitioner with the prayer to include eight National Savings Certificates and
SBI Mutual Fund bearing Folio No. 8415982 under SBI Magnum Global
Fund and SBI Mutual Fund bearing Folio No. 8416442 under SBI Contra
Fund and also the moveable asset i.e., Kotak Mutual Fund bearing Folio No.
774233 under Kotak Global Emerging Market Fund the name of Late Daljit
Singh Bawa, in the Letter of Administration granted vide Order dated 21st
September, 2017.
2.
It is submitted in the application that the petition filed by the
petitioner seeking Probate of the Will dated 12th December, 2005 of Late
Daljit Singh Bawa, was allowed and the Letter of Administration was
Digitally Signed
By:SAHIL SHARMA
Signing Date:09.11.2022
17:16:38
Signature Not Verified
NEUTRAL CITATION NO. 2022/DHC/004723
TEST.CAS.58/2009 Page 2 of 7
granted in respect of the of the moveable and immoveable properties left
behind by the deceased Late Daljit Singh Bawa by virtue of the Will dated
12th December, 2005 subject to payment of requisite court fee/stamp duty.
3.
It is submitted that the matter was adjourned from time to time for
obtaining valuation report of the various moveable and immoveable
properties of the deceased in order to calculate the Court fee that was
payable for issue of Letter of Administration. The petitioner has submitted
that he has now got information about the other moveable assets of Late
Daljit Singh Bawa, namely, National Savings Certificates and the Mutual
Funds about which he was not aware earlier. It is only on his current visit to
India during the meeting with the Accountant of the Trust that these assets
came to the knowledge of the petitioner.
4.
The details of NSS Certificates and the Mutual Funds are as under:
(i)
Eight National Savings Certificates bearing numbers 43EE
072954, 43EE 072955, 43EE 072956, 43EE 072957, 43EE
072958, 43EE 072959, 43EE 072960 and 43EE 072961, issued
by the Sub-Post Master, Model Town-II, P.O. Delhi 110009,
matured on 27.03.2009, after the passing of Late Shri D.S.
Bawa.
(ii)
SBI Mutual Fund bearing Folio No. 8415982 under SBI
Magnum Global Fund with market value of Rs.3,79,913.39 as
on 31.07.2020.
(iii) SBI Mutual Fund bearing Folio No. 8416442 under SBI Contra
Fund with market value of Rs. 2,12,938.68 as on 31st July,
2020. (iv)
Kotak Mutual Fund bearing Folio No. 774233 under Kotak
Digitally Signed
By:SAHIL SHARMA
Signing Date:09.11.2022
17:16:38
Signature Not Verified
NEUTRAL CITATION NO. 2022/DHC/004723
TEST.CAS.58/2009 Page 3 of 7
Global Emerging Market Fund with market value of Rs.
92,170.00 as on 31st July, 2020.
A prayer is made that these moveable assets of Late Daljit Singh Bawa may
be included in the Valuation Report for payment of Requisite Court Fee/
Stamp duty for the issue of Letter of Administration.
5.
Submissions heard.
6.
The petition under Section 276 of the Indian Succession Act, 1925
