Sh Manish Kapoor & Another v. The State

1. Present petition has been filed for grant of Letters of Administration under Section 278 of the Indian Succession Act, 1925 with respect to the estate of deceased Sh. Ashish Kapoor s/o Late Sh. N. N. Kapoor.

2. It is stated that Late Sh. Ashish Kapoor was the brother of the Petitioner no. 1 and son of Petitioner no. 2. It is stated that Late Sh. Ashish Kapoor expired on 01st March, 2015, in Chandigarh. It is further stated that he was unmarried and he has left behind the petitioners as his only surviving legal heirs.

3. It is stated in the petition that the petitioners have all interests and rights in the estate of the deceased. It is averred in the petition that during his lifetime, the deceased was originally residing in D-10, Flat No. 33, Sector 7, Rohini, New Delhi. In the petition, the deceased is stated to be the 2018:DHC:2838 joint/sole owner of the following immovable properties: a. Flat No. 37, Pocket D, Sector 7, Rohini, Delhi – 110 085 admeasuring 73 sq. mtrs. b. Land admeasuring 405.[5] sq. mtrs in Village Dunglagaon, Pargana Kendriya Doon, District Dehradun. c. Land admeasuring 18 Gunte bearing Survey No. 125, Hissa No. 4 in Village Poshir, Taluka Karjat, Dist. Karjat, Dist. Raigad, Maharashtra. d. Land admeasuring 20. 4 Gunte bearing Survey No. 129, Hissa No. 1 in Village Poshir, Taluka Karjat, Dist. Raigad, Maharashtra. e. Land admeasuring 141. 3 Gunte bearing Survey No. 127, Hissa No. 3 in f. Land admeasuring 65.[7] Gunte bearing Survey No. 117, Hissa No. 2 in g. Land admeasuring 101 Gunte bearing Survey No. 67, Hissa No. 2 in Village Kalamb, Taluka Karjat, Dist. Raigad, Maharashtra. h. Land admeasuring 109 Gunte bearing Survey No. 65, Hissa No. 9 in Village Kalamb, Taluka Karjat, Dist. Raigad, Maharashtra.

4. Notice was issued on the present petition on 06th September, 2016. Vide order dated 06th September, 2016 citation has been published in the newspaper ‘Statesman’ English Edition and ‘Jagran’ Hindi Edition. No objections have been received after publication of the citation. Notice was duly served on the State and valuation report has been filed by the State.

5. The photocopies of the sale deeds of the aforementioned properties have been provided and the same are taken on record.

6. Shri Manish Kapoor, brother of Late Sh. Ashish Kapoor, petitioner no.1 has filed his affidavit by way of evidence. The said affidavit has been exhibited as Ex. PW1/X. The petitioner no. 1 has proved the following documents:a. The Death Certificates of the deceased, Late Sh. Ashish Kapoor as Ex. PW1/A. b. Copy of passport as ID Proof of Late Sh. Ashish Kapoor as Ex. PW1/B. c. Title papers of the properties owned by Late Sh. Ashish Kapoor as Ex. PW1/C.

7. Smt. Neeru Kapoor widow of Late Sh. N. N. Kapoor, petitioner no. 2, has filed her affidavit by way of evidence. The said affidavit has been exhibited as Ex. PW2/X. The petitioner no. 2 has proved the Aadhar Card of the deceased as proof of identity as Ex. PW2/A.

8. In view of the aforementioned facts and evidence, the present petition is allowed and the Letters of Administration is issued in favour of the petitioners enabling them to administer the estate of deceased Late Sh. Ashish Kapoor, subject to the petitioners filing the requisite Court fee in terms of the valuation reports and submitting an administrative bond with one surety in accordance with law.

9. List before Joint Registrar on 17th July, 2018 for determination of Court fees to be paid. MANMOHAN, J MAY 02, 2018 mn/js