OM PRAKASH BHARGAVA Vs STATE & ORS.
- Neutral2023:DHC:2352
Ratio decidendi
The rule this decision rests on
Where a petition seeks grant of Letter of Administration under Section 276 of the Indian Succession Act, 1925, a Letter of Administration may be granted to a Class-I Legal Heir of an intestate deceased, where all other Class-I Legal Heirs have given their consent by filing affidavits expressing no objection to such grant, even though the petitioner has not filed documentary evidence of the specific properties constituting the estate; the Letter shall be issued on the basis of valuation report, payment of Stamp Duty, and furnishing of administration bond.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
The present petition has been filed under Section 276 of the Succession
Act,
1925,
seeking
grant
of
Letter
of
Administration in respect of the Share Certificate and immovable assets of Late Smt. Nisha Bhargava (hereinafter referred to as ‘the deceased’), including Flat No. A-31 and A-32, Rameshwar Darshan Society, 4 Bungalow, Andheri West, Mumbai (hereinafter referred to as the ‘flats’). 2.
It is alleged that the deceased was ordinarily a resident of Delhi
and died on 29.04.2020 at Delhi. 3.
It is further stated that at the time of her death, the deceased left
behind four Legal Heirs, namely, Mr. Om Prakash Bhargava (husband) –the petitioner herein; Mr. Jitin Bhargava (son)– respondent no.2 herein; and, Smt. Priya Bhargava and Mrs. Chabi Bhargava (daughters) – respondent nos. 3 and 4 herein, respectively. 4.
It is averred in the petition that the deceased, during her
Signature Not Verified received several gifts from her father-in-law Shri Murari Lal lifetime, Digitally Signed By:SUNIL Signing Date:06.04.2023 TEST.CAS. 55/2022 19:44:43
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Neutral Citation Number: 2023:DHC:2352
Bhargava, and her husband, the petitioner herein. From the gifts received
and
her
other
savings,
the
deceased
owned
the
abovementioned Flats. 5.
It is stated that the deceased did not execute any Will.
6.
The details of the properties allegedly left behind by the
deceased have been filed as a Schedule to the petition. 7.
It is stated that the deceased during her lifetime had submitted
the title documents of the Flats as a security for the business loan of the petitioner. In order to release the documents, the HDFC Bank, vide letter/email
dated
02.03.2022,
has
demanded
a
Letter
of
Administration. Hence, the present petition was filed. 8.
Notice was issued in the petition on 30.05.2022. Citation was
also directed to be published by the petitioner in ‘The Statesman’ (English Edition) and ‘Nav Bharat Times’ (Hindi Edition) in Delhi and Mumbai. 9.
On the same date, valuation report in respect of the immovable
suit properties situated in Mumbai was directed to be obtained from the concerned Sub-Divisional Magistrate (SDM). The said valuation report was filed on 24.08.2022. 10.
In the order dated 22.08.2022 passed by the learned Joint
Registrar (Judicial), it is recorded that the citations have been published on 18.07.2022. The learned counsel for respondent nos.2 to 4 also submitted that the respondent nos.2 to 4 do not oppose the grant of Letter of Administration in favour of the petitioner. The said respondents have later filed their Affidavits giving ‘No Objection’ to the grant of Letter of Administration to the petitioner.
Signature Not Verified Digitally Signed By:SUNIL Signing Date:06.04.2023 TEST.CAS. 55/2022 19:44:43
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Neutral Citation Number: 2023:DHC:2352
11.
Evidence by way of Affidavit of the petitioner (PW-1) was
tendered on 28.02.2023. Apart from stating the facts and averments in the petition, PW-1 has produced the following documents:-
12.
a.
Death Certificate of Late Smt. Nisha Bhargava (Ex.PW1);
b.
Schedule of properties (Ex. PW-2);
c.
Copy of the letter/email dated 02.03.2022 issued by HDFC Bank (marked as Mark-A).
At the outset, it is noticed that the petitioner has not filed any
document in support of the claim of the properties allegedly left behind by the deceased and as mentioned in the Schedule of Properties (Ex.PW-2). This Court, therefore, cannot issue a Letter of Administration specifying the estate of the deceased to which the Letter of Administration is issued. 13.
At the same time, the petitioner has proved on record that the
deceased was an ordinary resident of Delhi and, in fact, died in Delhi on 29.04.2020. 14.
The petitioner is the husband of the deceased and, therefore, is a
Class-I Legal Heir. The respondent nos.2 to 4, who are the other Class-I Legal Heirs of the deceased, have filed their affidavits expressing their ‘No Objection’ to the grant of Letter of Administration to the estate of the deceased to the petitioner. The petitioner claims that there is no other Class-I Legal Heir left behind by the deceased. As such, the present petition has been uncontested. 15.
It is stated that the deceased died intestate.
16.
In view of the above, the Letter of Administration to the estate
of the deceased-Smt. Nisha Bhargava is granted in favour of the petitioner. Signature Not Verified Digitally Signed By:SUNIL Signing Date:06.04.2023 TEST.CAS. 55/2022 19:44:43
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Neutral Citation Number: 2023:DHC:2352
17.
Registry is directed to issue the Letter of Administration for
valuation report as filed on record and on paying the requisite Stamp Duty, etc., and also upon furnishing administration bond by the petitioner. 18.
The petition is disposed of in the above terms. There shall be no
order as to costs.
NAVIN CHAWLA, J APRIL 06, 2023/KP
Signature Not Verified Digitally Signed By:SUNIL Signing Date:06.04.2023 TEST.CAS. 55/2022 19:44:43
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