Swarn Utreja & ORS. v. State (Govt. Of NCT Of Delhi)
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:- 20.12.2023 + SWARN UTREJA & ORS.
..... Petitioner Through:
Mr. Akhil Sachar and Ms. Sunanda Tulsyan, Advs.
versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through:
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J(ORAL) The present petition under Section 278 of the Indian Succession Act, 1925 seeks grant of letters of administration in respect of the estate of late Shri Ashok Verma who has expired on 23.06.2019. It is the case of the petitioners that late Shri Ashok Verma died issueless and even his wife-Smt Asha Verma had pre-deceased him, having expired on 08.06.2017. It is, therefore, claimed that late Shri Ashok Verma did not have any Class-I legal heir and it is only the three petitioners being his siblings are his Class-II legal heirs who are entitled to succeed to his estate.
Vide order dated 20.05.2022, notice was issued in the present petition, when citations were directed to be published in 'the Statesman' (English Edition) and the 'Navbharat Times' (Hindi Edition). The said citations were
duly published on 01.09.2022 but till date, no objections from any member of the public have been received.
In support of their case, the petitioners have examined petitioner no. 1-Ms Swarn Utreja as PW-1, who has tendered her evidence by way of affidavit on 21.11.2023. Apart from reiterating the averments made in the petition, she has not only proved the death certificate of late Shri Ashok Verma but has also proved various other documents pertaining to the movable and immovable assets owned by him, which have been exhibited as Ex. PW1/1 to Ex. PW1/29.
It is claimed by the petitioners that late Shri Ashok Verma owned two immovable properties, both admeasuring 25.9 square meters, being property bearing no. G-1/94, Ground Floor, Sector-16, Rohini, New Delhi-110089 and property bearing no. G-1/95, Ground Floor, Sector-16, Rohini, New Delhi-110089. The petitioners have proved the sale deeds executed in respect of the aforesaid two properties in favour of late Shri Ashok Verma as Ex. PW1/5 and Ex. PW1/6. The petitioners have also proved and exhibited as Ex. PW1/12- Ex.PW1/27, documents to show that besides holding two postal accounts with his wife, late Shri Ashok Verma was holding seven bank accounts including fixed deposits. The details of the movable and immovable assets left behind by late Shri Ashok Verma have been set out in Schedule-I, which was duly exhibited as Ex. PW1/7 during evidence and are for the sake of clarity, noted herein below:
"SCHEDULE -1 ESTATE OF LATE SHRI ASHOK VERMA A. IMMOVABLE PROPERTIES:
Sr. No. Property Built Up area Status Ownership Valuation(Rs.) G-1/94 G.F. Sec16 Rohini Delhi110089 Unsold 100% 30,00,000 25.90 Sq.Mts G-1/95 G.F. Sec16 Rohini DelhiUnsold 100% 30,00,000 25.90 Sq.Mts B. MOVABLE PROPERTIES:
a. Postal Bank Account S.No. Particulars Details Name Ashok Verma and Asha Verma Scheme S/B (General) Account No.
7965156491 CIF ID 722362421 Account Open Date 16.03.2011 Nomination Registered No.
Mode of Operation Joint 8.
Address of Bank Rohini, Sector-15, Post Office,Delhi-110 089.
9.
Amount as on 31.03.2021 Rs.5726/- Monthly income scheme Name Ashok Verma and Asha Verma Account Number 7965244320 CIF 722339557 Amount 1,20,000 (In Rs) Date of Opening 21/25.08.2014
b. SAVINGS BANK ACCOUNT S.No. Bank and Branch Name Account no.
Amount (In Rs.) Axis Bank GP02,Maurya Enclave, Pitam Pura, Near Gopal Mandir,Delhi110088 40010100057318 1,62,491.63 Canara Bank, Manav Chowk, Sector 15 Branch,Rohini, Delhi-110089 2758101001988 1,620 Central Bank of India, DDA, Madhuban Chowk, Sector-14, Rohini,Delhi110085 30822992859 77,060.12 ICICI Bank, H3/24, Upper Ground Floor, Sector18,Rohini, Delhi110088 84201500675 67,336.00 Nainital Bank, Jain Bharti Model School E Block Sector -16 Rohini Delhi-85 732000000002148 4,976.00 Punjab National Bank, Sector-7, Rohini, Naharpur,110085 3028000100018166 1,05,967.64 State Bank of India, 57006861745 1,32,341.00
Sector-7,Rohini ,Naharpur,11008 Total Rs. 5,51,792.72 c. FIXED DEPOSITS
1. Axis Bank S.No. Fd. No.
Amount (In Rs.) 9150400537-92717 2,85,479.00 9160400536-61348 4,71,707.00 Total Rs. 7,57,186/-
2. Canara Bank S.No. Fd. No.
Amount (In Rs.)
1. KL-609584 27,491 KL-609585 1,35,976
3. KK-206029 4,44,578
4. KF-967201 2,65,351
5. KL-009523 58,952
6. KJ-568933 26,239
7. KI-009643 82,801 Total Amount- Rs.10,41,388/-
3. Central Bank of India S.No.
Fd. No.
Amount (In Rs.) N-592357 86,378 N-592694 4,95,235 N-592693 4,72,200 Total Amount - Rs.10,53,813/-
4. ICICI Bank S.No.
Fd. No.
Amount (In Rs.) 84213003418 3,32,324.00 84213002547 56,202.00 84213002858 2,32,044.00 Total Amount Rs.6,20,570/-
5. Nainital Bank S.No.
Fd. No.
Amount (In Rs.) 3507330 50,241 35010309 1,33,207 35011027 61,993 3509037 62,587 3506700 5,69,763 310108 1,00,000 35011580 36,637 Total Amount Rs. 10,14,428/-
6. Punjab National Bank S.No.
Fd. No.
Amount (In Rs.) 302800DM00000705 50,000 302800PM00000772 50,000 302800D100000729 3,92,391 302800PU00146122 1,39,703 302800PU00035345 2,10,245 302800DA00016391 1,04,448 302800PU00011716 7,10,627 8.
302800SCSS000281 9,00,000 Total Amount Rs. 25,57,414/-
7. State Bank of India S.No.
Fd. No.
Amount (In Rs.) 3507330 50,241 35010309 1,33,207 35011027 61,993 Total Amount Rs. 9, 73, 647/-
Total amount in Fixed Deposits in Banks S. No.
Bank Deposits (Fixed Amount (In Rs.) Deposits) Axis Bank 7,57,186 Canara Bank 10,41,388 Central Bank of India 10,53,813 ICICI Bank 6,20,570 Nainital Bank 10,14,428 Punjab National Bank 25,57,414 State Bank of India 9,73,647 total Rs. 80,18,446/- In the light of the aforesaid and taking into account that late Shri Ashok Verma had no Class-I legal heir, I am of the view that the petitioners have been able to prove that they, being Class-II legal heirs, have an interest in the estate of late Shri Ashok Verma and are, therefore, entitled to grant of Letters of Administration in their favour. The petition is, therefore, allowed by directing that subject to the petitioners filing the requisite court fee and an administration bond to the satisfaction of the learned Registrar General of this Court, Letters of Administration qua the estate of late Shri Ashok Verma be granted in favour of the petitioners, for which purpose, the matter be listed before the learned Registrar General of this Court on 23.01.2024. Taking into account that the petitioners are the only three Class-II
legal heirs of late Shri Ashok Verma, who are entitled to inherit his estate and there being no Class-I legal heir as noted hereinabove, they are exempted from furnishing any surety bond.
8.
The petitioners are granted liberty to apply, as per law, for return of the original documents filed with the petition. 9.
The petition stands disposed of in the aforesaid terms. (REKHA PALLI) JUDGE DECEMBER 20, 2023 acm