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$-18 HIGH COURT OF DELHI
TEST.CAS. 98/2010
ARUNA HANDA Petitioner
Through; Mr. Rishab Maheshwari, Adv.
Through: Mr. Mohit Chadha, Adv. for R-2 & 3.
10.10.2013 Thepresent petitionhas been filedby the Petitioner under Section 278 of the Indian Succession Act, 1925 for granting Letter of Administration in respect of the properties left behind by late Shri Ramesh Kumar Handa.
Late RameshKumar Handa (the deceased) was the husband of the Petitioner and died on 8"' July, 2010 leaving behind the Petitioner i.e. his wife arid
RespondentsNo.2 and 3 i.e. his daughters as the only legal heirs. As per the affidavit of the Petitioner duly supportedby affidavits ofRespondent Nos. 2 and 3, the deceased left behind the immovable properties mentioned in
Schedule A which reads as under:-
ORDER
1. Property bearingNo.C-22F, MIG Fiats Vatika Apartments, G-8 Area, Rajouri Garden Extn., Maya Puri, New Delhi - 110064 measuring 2013:DHC:8609 approx.70 sq.mtrs.
2. Property bearing No.Plot No.622, Phase-V, Udyog Vihar, Gurgaon, Haryana,measuring 250 sq.mtrs. The property bearing No.C-22F, MIG Flats Vatika Apartments, G-8 Area,Rajouri Garden Extn., Maya Puri,New Delhi -110064 was allotted to the deceased by theDDA vide Conveyance Deed Dated 20'^ April,2001 and property bearing No.PlotNo.622,Phase-V,Udyog Vihar,Gurgaon,Haryana measuring 250 sq.mtrs. was allotted to him by the Haryana State Development Corporation Ltd. Vide its letter dated lO"^ July, 1992 and possessionthereofwashanded overto him on 28'^ July,1992. Notice of this petition was issued to the Respondents on 22"'' December, 2010. Respondents No.2 and 3, who are the daughters ofthe Petitioner and the deceased filed their respective affidavits reiterating the version ofthe Petitioner that the Petitioner and Respondents No.2 and 3 are the only legal heirs ofthe deceased,who passed away on 8^''July,2010. It was further confirmed that the properties mentioned in Schedule A to the petition as noted above were the only known moveable and immovable properties owned bythe deceased priorto his death. RespondentNos.2and 3 have further stated that they are well settled in their respective lives and owing to their professional and family constraints,they will not be able to # collectively manage and administer the said movable and immovable properties ofthe deceased and thus have no objection if this Court grants Letter ofAdministration to the Petitioner with respect to the same. Pursuant to the publication of the citation in 'Statesman' (English edition)dated 9^"'March,2011 and'Dainik Jagran'(Hindi edition)dated ll"" March,2011 for information ofgeneral public and also inviting objections, ifany,against the grant ofLetter ofAdministration,no objections have been f- reeeived. The Petitioner has examined herself as PW-1 and filed her affidavit. She has proved on record the death certificate ofthe deceased Handa and the ownership ofthe deceased in the properties mentioned in Schedule A to the petition, which is supported by Respondent Nos.[2] and 3. The plaintiffhas also placed on record a valuation report from an approved valuer in respect i ofthe aforesaid two properties. Further,reports ofthe SDM,Gurgaon and Rajouri Garden inrespectofaforesaid properties are also on record. Thus,from the oral and documentary evidence led by the Petitioner,I do notfind any legal impedimentin granting Letter ofAdministration to the Petitioner. Consequently,[1] grant Letter ofAdministration in respect ofthe properties mentioned in Schedule A to the Petition of late Shri Ramesh Kumar Handa to the Petitioner, subject to the Petitioner paying the requisite court fee and furnishing the, administrative bond with one surety to the satisfaction ofthe Registrar General ofthis Court. Petition is disposed of.