Saroj Gupta v. The State (Government of NCT of Delhi)

1. Petitioner is a senior citizen in her nineties.

2. She sought probate and her such petition was allowed on 01.04.2023 and she was held entitled to grant of letters of administration. She was, accordingly, directed to submit Form Nos.178 and 179 in the prescribed form.

3. The grievance raised by the petitioner is limited to the effect that such forms have though been duly placed, there is still no further progress.

4. It is noticed that the petitioner had even moved an application seeking transfer of her matter to some other Court and while considering the above said transfer application, learned Principal District & Sessions Judge (South) had sought comments from the concerned learned Presiding Officer, who apprised that until the CM(M) 3672/2024 Inventory Form Nos.178 and 179 were accepted by the Court, the surety could not be discharged. In view of the above, the Court of learned Principal District & Sessions Judge (South) dismissed the transfer application.

5. The matter is now fixed before the learned Probate Court on 26.11.2024.

6. The present petition is disposed of with the request to learned Trial Court to consider the forms submitted by the petitioner and then to pass further appropriate order in accordance with law as expeditiously as possible, particularly, keeping in mind the age of the petitioner.

7. The petition stands disposed of accordingly.

8. Before parting, it needs to be clarified that this Court has not given any opinion with respect to the above said forms and it will be within the sole discretion of learned Trial Court to proceed further with the matter and to consider those in accordance with law.

JUDGE OCTOBER 21, 2024