TEST.CAS.80/2008 Page 1 of 4 36 *IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS.80/2008 Date of Decision: 26th April, 2010 % TRIPTA S. BHAGAT ………..Petitioner Through : Ms. Naina Kejriwal, Adv. versus STATE OF DELHI & ORS. ……Respondents. Through : Mr. Amitesh Singh Bakshi, Adv. for D-2 to 5. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may YES be allowed to see the Judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral) 1. This is a petition for grant of Letters of Administration in respect of the estate of late Meera Sethi. 2. The deceased, Meera Sethi expired on 19th April, 2008. At the time of her death, the deceased was a permanent resident of flat No.16/901, East End Apartments, Mayur Vihar Phase-I, Delhi-110096. The original death certificate of the deceased is on record. 3. The deceased was unmarried at the time of her death and has not left behind any class-I legal heir. The petitioner is the elder sister of the deceased. Apart from the petitioner TEST.CAS.80/2008 Page 2 of 4 the deceased had three brothers namely Raj Kumar Sethi, Subhash Sethi and Naveen Sethi, out of which Subhash Sethi pre-deceased her leaving behind his widow, Rita Sethi and daughter, Kitu Sethi. The aforesaid legal heirs of the deceased are respondents No.2 to 5 in this petition. 4. The deceased has left behind the following estate:- Immovable Estate i. Flat bearing No.16/901, East End Apartments, Mayur Vihar Phase-I, Delhi. Movable Estate i. Standard Chartered Saving Account No.523-1-027490-3 52,100.31 ii. ICICI Bank Saving Account No.006501000763 2,16,271.00 iii. ICICI Bank Term deposit Account No.006514059343 1,16,364.00 iv. ICICI Bank Ltd. Quantum Deposit Account No.006514059343 1,06,031.00 v. Punjab National Bank Spectrum Fixed Deposit Receipt No.083043 1,45,000.00 vi. Punjab National Bank Saving Bank A/c No.0117000100502740 1,41,052.00 vii. Vehicle owned vide Invoice No.DL- 2C-AG9643 3,60,162.00 TOTAL 21,86,981.24 5. The deceased had left behind the following liabilities:- i. Amount to be paid to MTNL, New Delhi 638.00 ii. Amount to be paid to BSES Yamuna, New Delhi 1880.00 TOTAL 2518.00 6. The petitioner is seeking the Letters of Administration in respect of the entire estate of the deceased with the consent of respondent Nos. 2 to 5 who have given their no TEST.CAS.80/2008 Page 3 of 4 objection by way of affidavits in which they have stated that they have no objection to the grant of Letters of Administration in respect of estate of the deceased to the petitioner. 7. The petitioner appeared in the witness box as PW-1 and deposed that the deceased died intestate on 19th April, 2008. The petitioner has given the names of the legal heirs of the deceased in the affidavit. The written statements/no- objections of respondent Nos. 2 to 5 have been given by way of affidavit and marked as Ex.PW-1/DD-1 to PW-1/DD-4. PW-1 also proved the estate of the deceased. 8. The citation has been duly published in the newspaper as Ex.PW-1/2 and no objections have been received from the public and as such, there is no impediment in the grant of Letters of Administration to the petitioner. 9. From the uncontroverted and un-rebutted testimony of the petitioner and the no objections of respondent Nos. 2 to 5, the petitioner is entitled to Letters of Administration in respect of the aforesaid estate of the deceased. 10. In view of the above, the petition is allowed and the Letters of Administration are granted to the petitioner in respect to the estate of the deceased mentioned in para 3 above subject to the condition that the petitioner shall, within six months from the date of issue of the grant, exhibit in Court full and true Inventory of the same and file in Court within in one year the true accounts of the said estate. The TEST.CAS.80/2008 Page 4 of 4 Letters of Administration be issued to the petitioner upon her furnishing the requisite Court fee and the personal bond. J.R. MIDHA, J APRIL 26, 2010