Full Text
HIGH COURT OF DELHI
Date of Decision: 6th March, 2024
MRS. NISHI LAL ..... Petitioner
Through: Mr. Siddharth Jain Adv.
Through: Ms. Manisha Agrawal Narain, CGSC
Ms Khushi Mangla, Advs. for R-5 (M- 9818427971)
Ms. Tanisha Bachhuka, Adv.
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present petition has been filed under Section 276 of the Indian Succession Act, 1925 for grant of letters of administration and succession certificate by Ms. Nishi Lal who is the wife of deceased late Captain Madan Lal. The Petitioner is a resident of 4, Grand Vasant, Sector-C PKT-5, Vasant Kunj, New Delhi, 110070.
3. The deceased passed away on 25th October, 2017. His death certificate has been placed on record. He is survived by his wife- Ms. Nishi Lal, his children- Mr. Vaibhav Antwadia, Ms. Alpna Antwadia and Mrs. Natasha A. Cooper. The Petitioner is the mother of the Respondents.
4. The movable and immovable properties which have been left behind by the deceased are set out in paragraphs 4 and 5 of the petition and are extracted below: Immovable Property
“I. Built - up Property known by the name of Centra One bearing office No. 512 on the 5th floor having a super area of 1000 sq. ft. (92.90 sq. meters.) situated at Sector 61, District Gurgaon, Haryana - 122011.(hereinafter, ‘Centra One property’)
II. Built - up Property known by the name of
Whispering Heights at Vasundhra Complex bearing unit no F-024, Tower F, on 2nd floor having a super area of approximately 1250 sq. ft. situated at Villages Kheri Kalan and Baselwa, Sector 88, Faridabad, Haryana-121002. (hereinafter, ‘Whispering Heights property’)
III. Built - up Property known by the name of
Vatika City bearing apartment no. 1501, Tower/ Block no. JAS 1, on 15th floor having a super area of 209.23 sq. metres (2251.42 sq. feet approximately) which includes an apartment area of approximately 162.70 sq. metres (1750.75 sq. feet) situated at sector 49, HUDA, Gurgaon, Haryana-122018. (hereinafter, ‘Vatika City property’)
IV. Built - up Property known by the name of
D.D.A. Built Flat bearing No. 395-B, (G.F.), Pocket-II, Max Trilok Puri, Resd. Scheme Delhi. (hereinafter, ‘Max Trilok Puri property’)
V. Built - up Property bearing Plot No.4 situated at Pocket-5, Sector C, Vasant Kunj, New Delhi- 110070, second Floor consisting of 3 bedrooms with attached bathrooms, parking and servant Quarter. (hereinafter, ‘Vasant Kunj property’)
VI. Built - up Property known by the name of Plot bearing no.7, Block M[4], Phase II having plot area of approximately 492.47 sq. meters. (589 sq. yds.) situated at Parklands, Faridabad, Haryana -121002.” (hereinafter, ‘Parklands property’) Movable Property Policies Folio Scheme 1019401959 B292D 82920- Aditya Birla Sun Life Focused Equity Fund - DCW-Requier Plan (formerly known as Aditya Birla Sun Life Top 100 Fund) 1019401960 B91- Aditya Birla Sun Life Frontline Equity Fund IDCW-Regular Plan 4642858/44 Dl05-DSP Mid Cap Fund-Regular Plan IDCW (formerly DSP Small and Mid Cap Fund) 4642859/41 Dl05-DSP Mid Cap Fund-Regular Plan IDCW (formerly DSP Small and Mid Cap Fund) 12316360/63 HMCOD HDFC Mid-Cap Opportunities Fund Regular Plan IDCW 4382584/16 Kl78- Kotak Flexicap Fund-IDCW (Regular Plan) (Erstwhile Kotak Standard Multicap Fund (IDCW) 5726092 L099D- SBI Flexicap Fund-Regular Plan- IDCW 5726093 L099D- SBI Flexicap Fund-Regular Plan- Bank Accounts Account No. Bank Name Branch 50300390656064 HDFC DLF Phase 1 50300406651520 HDFC DLF Phase 1 50300415733542 HDFC DLF Phase 1 10376798143 SBI Masud Pur
5. According to the petition, the deceased is governed by the Mitakshara school of Hindu Law. The market value of the properties has been assessed at Rs.[7] Crores. The prayer in the petition is for grant of letters of administration and succession certificate in favour of the class 1 legal heirs.
6. The petition was listed on 4th April, 2022 on which the GNCTD was directed to be impleaded as a party and citations were directed to be published in ‘Nav Bharat Times’ (Hindi Edition) and ‘The Statesman’ (English Edition). Valuation reports were also called for. In compliance of this order, the amended memo has been filed by ld. Counsel for the Petitioner.
7. The valuation report has been received from the concerned authorities/SDM, as per which, the properties have been valued as under:
8. All three Respondents i.e., the siblings, have filed affidavits giving no objection for the grant of letters of administration and succession certificate, both in respect of the movable and immovable properties. The said affidavits have been given by Mr. Vaibhav Antwadia, Ms. Alpna Antwadia and Mrs. Natasha A. Cooper.
9. The evidence has been led in the matter on behalf of the Petitioner. Affidavit in evidence has been filed by Mrs. Nishi Lal. The statement of Mrs. Nishi Lal has been recorded. The death certificate of Capt. Madan Lal has been exhibited as PW-1/1.
10. The Petitioner and her statement has been recorded. No crossexamination has been conducted, though, opportunity has been granted.
11. In view of the averments made in the Test Case petition as also the no objections given by all the legal heirs, the letters of administration and succession certificate are granted in favour of the Petitioner declaring the Petitioner as one of the legal heirs of the deceased in addition to the three children who are the Respondents.
12. The petition is disposed of in the above terms. All pending applications are disposed of.
13. Let the letters of administration be granted by the Registry in accordance with the procedure prescribed by law.
14. Dasti.
PRATHIBA M. SINGH JUDGE MARCH 6, 2024 dj/bh