In The Goods Of Sampat Devi Sekhani Deced v. Na
OD-26 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Testamentary & Intestate Jurisdiction ORIGINAL SIDE PLA/28/2021
IN THE GOODS OF :
SAMPAT DEVI SEKHANI, DECEASED
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO Date : March 17, 2025.
Appearance:
Mr. Swarnendu Ghosh, Sr. Adv.
Mr. Pawan Kumar Jajodia, Adv.
... for the petitioner
1. Mr. Swarnendu Ghosh, learned Senior Advocate, is appearing for the petitioner.
2. The petitioner has filed the present application for grant of Letters of Administration of the properties and credits of the deceased Sampat Devi Sekhani wife of late Mohan Lal Sekhani.
3. Counsel for the petitioner submits that the deceased, Sampat Devi Sekhani has acquired the properties through the Will of her husband, Mohan Lal Sekhani dated 18th July, 2005 which was subsequently, probated by this Court on 30th March, 2006. The deceased, Sampat Devi Sekhani died on 3rd June, 2020. There was no issue in the wedlock between Sampat Devi Sekhani and Mohan Lal Sekhani.
4. Counsel for the petitioner submits that as the deceased, Sampat Devi Sekhani has got the properties through her husband and as such, in terms of Hindu Succession Act, the mother, brothers and sisters of the husband of the deceased, Sampat Devi Sekhani are entitled to get the
said property and the petitioner is one of the sisters of the husband of the deceased Sampat Devi Sekhani. The husband of the deceased Sampat Devi Sekhani had left behind three sisters, namely, 1) Smt. Mohini Devi Anchalia, the petitioner herein, 2) Sampatdevi Poonamchand Nahata, since deceased and 3) Jatan Devi Nahata, since deceased.
5. Counsel for the petitioner submits that the description of all the legal heirs of the sisters of the husband of the deceased, Sampat Devi Sekhani has been made in paragraph 9 of the present application. All the legal heirs have filed their affidavits of consent stating that they have no objection for grant of Letters of Administration of the properties and credits of the deceased to the petitioner.
6. Heard learned counsel for the petitioner. Perused the affidavits of consent of all the legal heirs wherein it is categorically mentioned that they have no objection for grant of Letters of Administration to the estate of the deceased to the petitioner.
7. This Court also finds that in the wedlock between Sampat Devi Sekhani and Mohan Lal Sekhani, no issue was born. The deceased, Sampat Devi Sekhani has got the properties through the Will of her husband and accordingly, the properties are of her husband. Thus, the petitioner has given the description of the sisters of the husband of the deceased in the present application and all the legal heirs have filed their affidavits of consent.
8. Considering the above, this Court finds that there is no impediment to grant Letters of Administration to the petitioner to the
properties and credits of the deceased throughout the Union of India upon furnishing bond of Rs.20,00,000/- with two sureties.
9. PLA/28/2021 is disposed of.
(KRISHNA RAO, J.) RS