SWARN UTREJA & ORS. vs STATE (GOVT. OF NCT OF DELHI)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision:- 20.12.2023

+ TEST.CAS. 47/2022
SWARN UTREJA & ORS.
….. Petitioner
Through: Mr. Akhil Sachar and Ms. Sunanda Tulsyan, Advs.

versus
STATE (GOVT. OF NCT OF DELHI)
….. Respondent
Through:
CORAM:
HON’BLE MS. JUSTICE REKHA PALLI

REKHA PALLI, J(ORAL)

1. The present petition under Section 278 of the Indian Succession Act, 1925 seeks grant of letters of administration in respect of the estate of late Shri Ashok Verma who has expired on 23.06.2019.
2. It is the case of the petitioners that late Shri Ashok Verma died issueless and even his wife-Smt Asha Verma had pre-deceased him, having expired on 08.06.2017. It is, therefore, claimed that late Shri Ashok Verma did not have any Class-I legal heir and it is only the three petitioners being his siblings are his Class-II legal heirs who are entitled to succeed to his estate.
3. Vide order dated 20.05.2022, notice was issued in the present petition, when citations were directed to be published in ‘the Statesman’ (English Edition) and the ‘Navbharat Times’ (Hindi Edition). The said citations were duly published on 01.09.2022 but till date, no objections from any member of the public have been received.
4. In support of their case, the petitioners have examined petitioner no. 1-Ms Swarn Utreja as PW-1, who has tendered her evidence by way of affidavit on 21.11.2023. Apart from reiterating the averments made in the petition, she has not only proved the death certificate of late Shri Ashok Verma but has also proved various other documents pertaining to the movable and immovable assets owned by him, which have been exhibited as Ex. PW1/1 to Ex. PW1/29.
5. It is claimed by the petitioners that late Shri Ashok Verma owned two immovable properties, both admeasuring 25.9 square meters, being property bearing no. G-1/94, Ground Floor, Sector-16, Rohini, New Delhi-110089 and property bearing no. G-1/95, Ground Floor, Sector-16, Rohini, New Delhi-110089. The petitioners have proved the sale deeds executed in respect of the aforesaid two properties in favour of late Shri Ashok Verma as Ex. PW1/5 and Ex. PW1/6. The petitioners have also proved and exhibited as Ex. PW1/12- Ex.PW1/27, documents to show that besides holding two postal accounts with his wife, late Shri Ashok Verma was holding seven bank accounts including fixed deposits. The details of the movable and immovable assets left behind by late Shri Ashok Verma have been set out in Schedule-I, which was duly exhibited as Ex. PW1/7 during evidence and are for the sake of clarity, noted herein below:
“SCHEDULE -1
ESTATE OF LATE SHRI ASHOK VERMA

A. IMMOVABLE PROPERTIES:

Sr. No.
Property
Built Up area
Status
Ownership
Valuation(Rs.)
1.
G-1/94
G.F. Sec-
16 Rohini
Delhi-
110089
25.90
Sq.Mts
Unsold
100%
30,00,000
2.
G-1/95
G.F. Sec-
16 Rohini
Delhi-
25.90
Sq.Mts
Unsold
100%
30,00,000

B. MOVABLE PROPERTIES:
a. Postal Bank Account
S.No.
Particulars
Details
1.
Name
Ashok Verma and Asha Verma
2.
Scheme
S/B (General)
3.
Account No.
7965156491
4.
CIF ID
722362421
5.
Account Open Date
16.03.2011
6.
Nomination Registered
No.
7.
Mode of Operation
Joint
8.
Address of Bank
Rohini, Sector-15, Post Office,Delhi-110 089.
9.
Amount as on 31.03.2021
Rs.5726/-

Monthly income scheme
1.
Name
Ashok Verma and Asha Verma
2.
Account Number
7965244320
3.
CIF
722339557
4.
Amount
1,20,000 (In Rs)
5.
Date of Opening
21/25.08.2014

b. SAVINGS BANK ACCOUNT

S.No.
Bank and Branch Name
Account no.
Amount (In Rs.)
1.
Axis Bank GP-
02,Maurya Enclave,
Pitam Pura, Near
Gopal
Mandir,Delhi-
110088
40010100057318
1,62,491.63
2.
Canara Bank,
Manav Chowk,
Sector 15
Branch,Rohini,
Delhi-110089
2758101001988
1,620
3.
Central Bank of
India, DDA,
Madhuban Chowk,
Sector-14,
Rohini,Delhi-
110085
30822992859
77,060.12
4.
ICICI Bank, H-
3/24, Upper Ground
Floor, Sector-
18,Rohini, Delhi-
110088
84201500675
67,336.00
5.
Nainital Bank, Jain
Bharti Model
School E Block
Sector -16 Rohini
Delhi-85
732000000002148
4,976.00
6.
Punjab National
Bank, Sector-7,
Rohini,
Naharpur,110085
3028000100018166
1,05,967.64
7.
State Bank of India,
Sector-7,Rohini
,Naharpur,11008
57006861745
1,32,341.00

Total Rs. 5,51,792.72

c. FIXED DEPOSITS
1. Axis Bank
S.No.
Fd. No.
Amount (In Rs.)
1.
9150400537-92717
2,85,479.00
2.
9160400536-61348
4,71,707.00
Total Rs. 7,57,186/-

2. Canara Bank
S.No.
Fd. No.
Amount (In Rs.)
1.
KL-609584
27,491
2.
KL-609585
1,35,976
3.
KK-206029
4,44,578
4.
KF-967201
2,65,351
5.
KL-009523
58,952
6.
KJ-568933
26,239
7.
KI-009643
82,801
Total Amount- Rs.10,41,388/-
3. Central Bank of India
S.No.
Fd. No.
Amount (In Rs.)
1.
N-592357
86,378
2.
N-592694
4,95,235
3.
N-592693
4,72,200
Total Amount – Rs.10,53,813/-
4. ICICI Bank
S.No.
Fd. No.
Amount (In Rs.)
1.
84213003418
3,32,324.00
2.
84213002547
56,202.00
3.
84213002858
2,32,044.00
Total Amount Rs.6,20,570/-
5. Nainital Bank

S.No.
Fd. No.
Amount (In Rs.)
1.
3507330
50,241
2.
35010309
1,33,207
3.
35011027
61,993
4.
3509037
62,587
5.
3506700
5,69,763
6.
310108
1,00,000
7.
35011580
36,637
Total Amount Rs. 10,14,428/-
6. Punjab National Bank

S.No.
Fd. No.
Amount (In Rs.)
1.
302800DM00000705
50,000
2.
302800PM00000772
50,000
3.
302800D100000729
3,92,391
4.
302800PU00146122
1,39,703
5.
302800PU00035345
2,10,245
6.
302800DA00016391
1,04,448
7.
302800PU00011716
7,10,627
8.
302800SCSS000281
9,00,000

Total Amount Rs. 25,57,414/-

7. State Bank of India
S.No.
Fd. No.
Amount (In Rs.)
1.
3507330
50,241
2.
35010309
1,33,207
3.
35011027
61,993
Total Amount Rs. 9, 73, 647/-

Total amount in Fixed Deposits in Banks

S. No.
Bank Deposits (Fixed Deposits)
Amount (In Rs.)
1.
Axis Bank
7,57,186
2.
Canara Bank
10,41,388
3.
Central Bank of India
10,53,813
4.
ICICI Bank
6,20,570
5.
Nainital Bank
10,14,428
6.
Punjab National Bank
25,57,414
7.
State Bank of India
9,73,647

total
Rs. 80,18,446/-

6. In the light of the aforesaid and taking into account that late Shri Ashok Verma had no Class-I legal heir, I am of the view that the petitioners have been able to prove that they, being Class-II legal heirs, have an interest in the estate of late Shri Ashok Verma and are, therefore, entitled to grant of Letters of Administration in their favour. The petition is, therefore, allowed by directing that subject to the petitioners filing the requisite court fee and an administration bond to the satisfaction of the learned Registrar General of this Court, Letters of Administration qua the estate of late Shri Ashok Verma be granted in favour of the petitioners, for which purpose, the matter be listed before the learned Registrar General of this Court on 23.01.2024.
7. Taking into account that the petitioners are the only three Class-II legal heirs of late Shri Ashok Verma, who are entitled to inherit his estate and there being no Class-I legal heir as noted hereinabove, they are exempted from furnishing any surety bond.
8. The petitioners are granted liberty to apply, as per law, for return of the original documents filed with the petition.
9. The petition stands disposed of in the aforesaid terms.

(REKHA PALLI)
JUDGE
DECEMBER 20, 2023
acm

TEST.CAS. 47/2022 Page 8 of 8