MEHAR ZAIDI & ORS. vs STATE OF NCT OF DELHI
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision:- 06.10.2023
+ TEST.CAS. 38/2022 & I.A. 16105/2023
MEHAR ZAIDI & ORS. ….. Petitioners
Through: Ms. Kunika Sidharth, Mr. Kuljeevan Sidharth, Advs.
Versus
STATE OF NCT OF DELHI ….. Respondent
Through: Ms. Pavitra Kaur, Adv. for R-1.
CORAM:
HON’BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
1. The present petition under Section 278 of the Indian Succession Act (hereinafter referred to as the Act) seeks grant of Letters of Administration in respect of estate of late Shri Syed Akbar Ali.
2. It is the case of the petitioners that late Shri Syed Akbar Ali, who was residing at at L-25, Sarita Vihar, New Delhi, expired intestate on 16.09.2021 leaving behind his mother – petitioner no.1, his wife – petitioner no. 2, and two minor daughters – petitioner nos. 3 and 4. The two minor daughters have filed the present petition through their natural guardian, the petitioner no. 2.
3. It is the further case of the petitioners that the deceased owned movable and immovable properties, details whereof have been set out in para 4 of the petition. For the sake of clarity, the details are being noted herein below:
MOVABLE ASSETS
S. No.
Particulars/Details
Amount
1.
Savings Account at ICICI Bank bearing Account No.
003101021525
Rs. 2,48,233.85/-
2.
NSDL Demat Account with ICICI
Bank bearing DP ID: IN302679 and Client ID: 30764747
Rs.57,94,545.45/-
3.
CSDL Demat Account with NJ India Private Limited bearing DP ID:12078300 and Client ID:
01735262
NIL
4.
CSDL Demat Account with Wealth India Financial Services Private Limited bearing DP ID: 12078300andClientID:
00409561
Rs. 6,80,513.95/-
5.
Mutual Fund Folios :
i. Sundaram Mutual Fund bearing Folio No. 501763878726
ii. DSP Mutual Fund bearing Folio No. 3579323
iii. HDFC Mutual Fund bearing Folio No. 651029
iv. SBI Mutual Fund bearing Folio No. 8460550
v. Kotak Mutual Fund bearing Foilo No. 3665677
vi. HDFC Mutual Fund bearing Folio No. 10896550
Rs. 2,43,902.60/-
6.
Maruti S-Cross Zeta car bearing registration No. DL 12 CG 5993
Rs. 4,37,400/-
IMMOVBLE PROPERTIES
S.
No.
Particulars/Details
Value
1.
Flat No. E-084, 8th Floor, Tower- E, Gulshan Ikebana,PlotNo.GH- 03/A, Sector-143, Noida (co- owned with Mrs Mehar Zaidi
(Petitioner No. 1))
Rs. 42,57,840/-
2.
Residential Apartment bearing No.MH TW-01/2101, 21st Floor, Tower-1 in Project M3M Heights, Village Maidawa & Badshahpur,
Sector-65, Gurugram, Haryana
Rs.1,45,48,345/-
(out of which Rs. 37,53,228.92/-
remains to be paid towards the sale consideration)
4. At this stage, it may be noted that even though the value of the aforesaid Maruti S-Cross Zeta car has not been mentioned in the petition, learned counsel for the petitioners has handed over a copy of the insurance policy of said car for the period between 23.08.2021 and 22.08.2022 wherein the said car has been valued at Rs. 4,37,400/-. The said figure of Rs.4,37,400/- is, accordingly, accepted as the market value of the car as on the date of death of late Shri Syed Akbar Ali and has been accordingly incorporated in the above tabulation.
5. It is claimed that late Shri Syed Akbar Ali expired without making any Will, and was governed by Shia Law of Inheritance, according to which, while the petitioner nos. 1, 3 & 4 will be entitled to inherit the estate of late Shri Syed Akbar Ali as Class-I legal heirs by consanguinity, the petitioner no. 2 would inherit as a legal heir through marriage. It is further stated that as per the Shia Law of Inheritance, while the petitioner no. 1 being his mother would be entitled to a share of 21/120 in the estate of late Shri Syed Akbar Ali, the petitioner no. 2, his wife would be entitled to 1/8th share therein and his two daughters, the petitioner nos. 3 & 4 each would be entitled to 21/60th shares therein.
6. Upon notice being issued in the petition, citations were published in The Statesman (English Edition) and Nav Bharat Times (Hindi Edition) on 16.01.2023. No objections have been received from any member of the general public. Pursuant to this Courts directions, valuation reports in respect of two flats, the first being in Noida and other in Gurgaon have been filed on 16.02.2023 and 18.05.2023 respectively.
7. In support of the petition, both the petitioner nos. 1 and 2 have tendered their respective affidavits of evidence, wherein besides deposing on the same lines as in the petition they have proved the death certificate of late Shri Syed Akbar Ali. The petitioners have also proved the title documents pertaining to the movable and immovable assets of late Shri Syed Akbar Ali.
8. As the petitioners have been able to prove that they have an interest in the estate of late Shri Syed Akbar Ali and no objections have been received from any third party for grant of letters of administration in their favour, the petition is entitled to succeed.
9. Accordingly, the petition is, allowed by directing that subject to the petitioners filing the requisite court fee, stamp duty and administration bond with one surety to the satisfaction of the learned Registrar General, letters of administration qua the movable and immovable properties of late Shri Syed Akbar Ali be issued in their favour, for which purpose, the matter be listed before the learned Registrar General on 18.12.2023.
(REKHA PALLI)
JUDGE
OCTOBER 6, 2023/acm
TEST.CAS. 38/2022 Page 5 of 5