Rajesh Nair v. The State & ORS.
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 76/2023 RAJESH NAIR .....Petitioner Through:
Mr. Rajat Gupta, Advocate versus THE STATE & ORS.
.....Respondents Through:
Mr. Abhinav Garg (9810196968) and Ms. Palak Gupta, Advs. for R-1/State Ms. Kirti Mewar, Advocate for R-3
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 11.02.2025 1.
This petition has been filed under Section 218 read with Sections 278 & 300 of the Indian Succession Act, 1925 for grant of Letters of Administration ('LOA') with respect to the estate of 'Late Sh. Gopala Krishnan Nair' ('the deceased').
2.
The deceased was the father of petitioner and respondent No.3, who are the only surviving legal heirs. The deceased passed away on 29th April 1998; his Death Certificate has been placed on record which forms part of evidence and has been exhibited as Ex. PW-1/1. 3.
Late Mrs. R. Sarojam Nair, wife of the deceased, passed away on 10th July 1999 and her Death Certificate has also been placed on record and has been exhibited as Ex. PW-1/3.
4.
Succession certificate dated 11th April 2002 is Ex. PW-1/4. The 'Surviving Members Certificate' issued by the Revenue Department, Government of NCT of Delhi, Office of the District Magistrate, Sarita Vihar, South East Delhi is Ex. PW-1/2.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
Counsel for respondent No.3 states that they have no objection to grant of LOA. An affidavit of 'No Objection' dated 15th December 2023, has also been filed by respondent No.3.
6.
The Schedule of properties is as under:
7.
The valuation of properties have also been obtained through Taluk Office, Karthikappally, Haripad P.O- 690514. The 'Certificate of valuation of suit properties' has been extracted as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
It is stated by the counsel for petitioner that there is no other legal heir except for petitioner and respondent No.3.
9.
An affidavit of evidence led by petitioner, has also been placed on record.
10.
Having heard the counsels for the parties and perusing the documents on record, in the facts and circumstances, this petition is allowed. 11.
Letters of Administration be granted in favour of petitioner in respect of estate of Late Sh. Gopala Krishnan Nair, subject to petitioner submitting an administration bond to the satisfaction of the Registrar. Surety bond is being exempted since there is no contest to the grant of Letters of Administration.
12.
Considering that the suit property is situated in Kerala, Registry shall The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
send a certificate in respect of Letters of Administration to the High Court at Kerala, in prescribed form, in consonance with Schedule IV of the Indian Succession Act, 1925.
13.
Petition stands disposed of with these directions. 14.
Order be uploaded on the website of this Court. ANISH DAYAL, J FEBRUARY 11, 2025/sm/kp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.