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IN THE HIGH COURT OE DELHI AT NEW DELHI
• -T v
#F-14
+ TEST CAS. 70/2008
MRS. USHA SIKDAR
Through
Petitioner
Mr. Ankit Batra with Mr. Ketan
Malhotra, Advocates.
Petitioner in person.
• -T v
#F-14
+ TEST CAS. 70/2008
MRS. USHA SIKDAR
Through
Petitioner
Mr. Ankit Batra with Mr. Ketan
Malhotra, Advocates.
Petitioner in person.
VERSUS
STATE
Through
Respondent
None
Through
Respondent
None
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
%
07.05.2013
Today, the evidence of the petitioner has been separately recorded.
Since none is appearing for the respondent, the matter is taken up for final hearing.
It is pertinent to mention that the present petition has been filed under the Indian Succession Act by the petitioner, wife of deceased Col. Amal
Kanti Sikdar, for grant ofLetters ofAdministration.
It has been averred in the petition that deceased Col. Amal Kanti
Sikdar died intestate in Delhi on iT^ February, 2007. The death certificate ofthe deceased has been annexed with the petition and exhibited as PW-1/1.
Petitioner has annexed along with the petition the list oflegal heirs of the deceased. According to this list, the deceased is survived by his two sons, wife-petitioner and mother.
2013:DHC:8607
Petitioner has also stated in her evidence by way of affidavit that deceased has left behind only one immovable property, i.e, plot/premises
No. 03-089, Street No. 89, New Town Police Station Rajarhat, Distt-24, Praganas (North), West Bengal.
All three legal heirs of the deceased have filed separate affidavits dated 08'*^ December, 2010 before this Court stating that they have no objection to the grant ofLetters ofAdministration in favour ofpetitioner m f respectofaforesaidestateleftbehindbythedeceased. Thesaidlegalheirs have also undertaken in their affidavits dated 8^^ December, 2010 not to lay
^ or make any claim in respect ofthe immovable property left behind by the deceased. -^
Despite publication of Citations in 'The Statesman' (West Bengal^
Edition) and 'The Amrit Bazar Patrika' (West Bengal Edition), no objection has been filed before this Court. The valuation report has also been filed by the State.
^ Consequently, there appears to be no impediment in granting th^
Letters of Administration. Accordingly, present petition is allowed. The;
Letters ofAdministration in respect ofthe estate left behind by the deceased
#• is granted in favour of the petitioner, subject to her furnishing the requisite court-fees interms ofthe valuation report, if not filed earlier and submitting an administration bond with one surety in accordance with law. i- y lU
MANMOHANr^
MAY 07,2013 , ,' ^
2013:DHC:8607
%
07.05.2013
Today, the evidence of the petitioner has been separately recorded.
Since none is appearing for the respondent, the matter is taken up for final hearing.
It is pertinent to mention that the present petition has been filed under the Indian Succession Act by the petitioner, wife of deceased Col. Amal
Kanti Sikdar, for grant ofLetters ofAdministration.
It has been averred in the petition that deceased Col. Amal Kanti
Sikdar died intestate in Delhi on iT^ February, 2007. The death certificate ofthe deceased has been annexed with the petition and exhibited as PW-1/1.
Petitioner has annexed along with the petition the list oflegal heirs of the deceased. According to this list, the deceased is survived by his two sons, wife-petitioner and mother.
2013:DHC:8607
Petitioner has also stated in her evidence by way of affidavit that deceased has left behind only one immovable property, i.e, plot/premises
No. 03-089, Street No. 89, New Town Police Station Rajarhat, Distt-24, Praganas (North), West Bengal.
All three legal heirs of the deceased have filed separate affidavits dated 08'*^ December, 2010 before this Court stating that they have no objection to the grant ofLetters ofAdministration in favour ofpetitioner m f respectofaforesaidestateleftbehindbythedeceased. Thesaidlegalheirs have also undertaken in their affidavits dated 8^^ December, 2010 not to lay
^ or make any claim in respect ofthe immovable property left behind by the deceased. -^
Despite publication of Citations in 'The Statesman' (West Bengal^
Edition) and 'The Amrit Bazar Patrika' (West Bengal Edition), no objection has been filed before this Court. The valuation report has also been filed by the State.
^ Consequently, there appears to be no impediment in granting th^
Letters of Administration. Accordingly, present petition is allowed. The;
Letters ofAdministration in respect ofthe estate left behind by the deceased
#• is granted in favour of the petitioner, subject to her furnishing the requisite court-fees interms ofthe valuation report, if not filed earlier and submitting an administration bond with one surety in accordance with law. i- y lU
MANMOHANr^
MAY 07,2013 , ,' ^
2013:DHC:8607
JUDGMENT