VIBHAV PANANDIKER vs STATE (GOVERNMENT OF NCT, DELHI) & ANR.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment pronounced on: 01.12.2023
+ TEST.CAS. 2/2020
VIBHAV PANANDIKER ….. Petitioner
Through: Mr. Sameer Nandwani, Adv.

versus

STATE (GOVERNMENT OF NCT, DELHI) & ANR.
….. Respondents
Through: None.

CORAM:
HON’BLE MR. JUSTICE SACHIN DATTA

JUDGMENT

1. The present petition has been filed under Section 276 of the Indian Succession Act, 1925, seeking grant of Letters of Administration in respect of credits and immovable property bearing No. T-31-05-01 alongwith its parking in Common Wealth Games Village, Delhi at NH-24, adjacent to Akshardham Temple, Delhi-110092, of late Sh. Dinkar Hary Pai Panandiker (the “deceased”).
2. The petitioner is stated to be the son of the deceased.
3. It is submitted that the deceased was an Indian National and was residing at the aforementioned address in Delhi. It is further submitted that Sh. Dinkar Hary Pai Panandiker died intestate on 19.11.2018, leaving behind two legal heirs – Mr. Vibhav Panandiker (son of the deceased) and Mrs. Radhika Mithal (daughter of the deceased). The wife of the deceased, Smt. Surekha Panandiker is stated to have pre-deceased him and expired on 23.10.2015.
4. Notice was issued in the present petition on 17.01.2020, with a direction that citation be published in the Statesman (Delhi Edition) and Veer Arjun (Delhi Edition). It was also directed that a valuation report with respect to the concerned immovable property be filed by respondent no.1 (State).
5. Vide order dated 12.03.2020 passed by the Ld. Joint Registrar (Judicial), it was recorded that citation was published in the Statesman (Delhi Edition) and Veer Arjun (Delhi Edition) on 06.02.2020. Valuation report with respect to the concerned immovable property of the deceased was also filed on behalf of the State and the same has been taken note of vide order dated 29.07.2021 passed by the Ld. Joint Registrar (Judicial).
6. The daughter of the deceased (respondent no.2) has filed a no objection certificate (“NOC”) with respect to grant of the Letters of Administration to the petitioner.
7. Evidence by way of Affidavit on behalf of the petitioner was filed on 28.02.2023. The petitioner has produced the following documents in support of his prayer seeking Letters of Administration with respect to the estate of his late father:
i. Death certificate of late Sh. Dinkar Hary Pai Panandiker.
ii. Death certificate of late Smt. Surekha Panandiker (mother of the petitioner).
iii. Copy of sale deed for property bearing No. T-31-05-01 alongwith its parking in Common Wealth Games Village, Delhi at NH-24 and adjacent to Akshardham Temple, Delhi-110092.
iv. Copy of Aadhar card, PAN card and Voter ID card of late Sh. Dinkar Hary Pai Panandiker.
v. Copy of passport of the petitioner.
vi. Copy of Overseas Citizen of India (OCI) registration certificate of the petitioner.
vii. Copy of passport of respondent no.2.
viii. Copy of OCI registration certificate of respondent no.2.
ix. Original valuation report of property bearing No. T-31-05-01 alongwith its parking in Common Wealth Games Village, Delhi at NH-24 and adjacent to Akshardham Temple, Delhi-110092.
8. Other than the abovementioned documents, an NOC dated 10.01.2020 was given by respondent no.2 inter alia stating that respondent no.2 has no objection if Letters of Administration with respect to the property bearing No. T-31-05-01 alongwith its parking in Common Wealth Games Village, Delhi at NH-24 and adjacent to Akshardham Temple, Delhi-110092 is granted to her brother i.e., the petitioner. The same has been filed by the petitioner. Since the NOC of respondent no.2 was filed by the petitioner, respondent no.2 was directed to appear either in person or via video-conferencing vide order dated 07.10.2022. On 24.01.2023, respondent no.2 joined the proceedings via video-conferencing and further affirmed that she has no objection to the present petition. The petitioner had sought permission of this court for recording of his evidence via video conferencing and the same was granted vide order dated 07.10.2022. The petitioner’s evidence was thereafter recorded via video-conferencing on 18.07.2023.
9. The petitioner, being the son of the deceased – who is stated to have been a Hindu male who died intestate, is a Class I legal heir of the deceased. The daughter of the deceased has tendered an NOC with respect to grant of Letters of Administration to the petitioner. It is also stated by the petitioner that there is no other legal heir left behind by the deceased. As such, the present petition has remained uncontested.
10. In view of the above, as prayed for by the petitioner, Letters of Administration with respect to the estate of late Sh. Dinkar Hary Pai Panandiker is granted in favour of the petitioner, subject to payment of the requisite court fee and subject to the petitioner furnishing administration bond with one surety, to the satisfaction of the learned Registrar General of this Court.
11. The present petition is disposed of in the above terms.

SACHIN DATTA, J
DECEMBER 01, 2023/dk

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