Aparna Singh & Ors. v. State of NCT Delhi

1. Present petition has been filed under Section 278 of the Indian Succession Act for grant of letters of administration with respect to the estate of the deceased Sh.Shambhu Prasad Singh. The petitioners claim to be the only class-I legal heirs of the deceased, Sh.Shambhu Prasad Singh.

2. Notice was issued to the State that was directed to be published in the Delhi Statesman.

3. The citation was published in the Statesman Delhi edition and the valuation report has been received. A Local Commissioner was appointed by this court on 23.5.2014 to open Locker No.051150282, HDFC Bank, Main Branch Connaught Place, New Delhi and prepare an inventory of all the articles lying therein. The Local Commissioner has handed over her report in court. Copy of the report has been supplied to counsel for the petitioners. The petitioner has filed the affidavit by way of evidence. It is submitted that all the close relations are the petitioners in the matter and Test.Cas.52/2014 2014:DHC:4074 no objections have been received. Death certificate of the deceased has been exhibited as Ex.PW-1/1.

4. Counsel for the petitioners submits that petitioners have signed a Memorandum of Understanding and they propose to divide the properties (movable and immovable) as per the Memorandum of Understanding dated 22.7.2013 reached between them.

5. In view of the affidavit which has been placed on record, there is no legal impediment for grant of letters of administration in favour of petitioners no.1 and 2, as has been agreed between the parties.

6. The petition is allowed. Letter of administration shall be granted in favour of the petitioner nos.[1] and 2. Petitioners are directed to furnish administration bond with two sureties to the satisfaction of the Registrar General of the Court.

7. Petition stands disposed of. G.S.SISTANI, J AUGUST 22, 2014 ssn