1 ( i -i "T IN TIM I{IGII COT]RT OF DELIII AT IYEW DELIII + TEST CAS. NO. tt0l2004 # DR,(MISS) roNA LEEKHA MATmw ,..,, petitioner t tnrough: h{r. H.L. Narula, Advocde VERSUS $ STATE i-b n ,,.,Respondent Through: None DATE OFDECISIONT MARCI{ ll .2005 CORAM: HON'BLE MR.JUSTICE T,S. TIICKUR 1. whether lepofters of rocal papers may be allrrwed to see ttre/ judgmenr? 2. To be referred to the Reporter or not? 3- wherher the judgnrent should be reported in the Digesr? Jt]DGMENT This is a petition under Section 778 of. the Indian Succession Act for the g'ant of letters of administration. The petitioner is the daughter of late sh. ved Leekha who passed away in Apollo Millennium Hospital in Delhi on 2d November, z}M. Smt, Darshan [,ee]ha. the % A^ tr tr&Lt ':'*''y' v TEST CAS. ffiNM page 1 of4 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified \ -)(t\,, lv mother of the petitioner has also passed away, The petitioner,s case in the petition is that the fixed place of abode of both her parenrs namely sh. ved trekha ard smt, Darshan lrekha was at l,rg, old Rajinder Nagar, New Delhi' Both of them havg according to the petition, died inrestate leaving behind the petitioner ard Shri Bobby tee}fr4 her brorher as the only legal heirs. The deceased appear, to have left behind assets and properties set out in schedule 'B' to the petition. These include a flat, debenture cefiifi.cate atd certain units certificates, the value whereof is in the neighbourhood of 11 lacs or so. The petitioner has, i' fte above background, prayed for the grant of letters of adrninistration relating to the estate left behind by her deceased parents as well as the debts and securities mentioned in Schedule B to the petition. 2. A norice of the filing of trre petition was issued by way of publication in the statesman published fi.om Delhi and west Bengal, while the notice i' fhe statesman published from New Derhi was published in its edition dared 3d septemb er, 2004 that published fiam Calcutta appeared in its edition dated 66 Septenr.b er,2004. Notices were also issued to the chief controlling Revenue Authority for submission of the valuation repofi qua the estate of the deceased and to the sole relative mentioned in schedule A to the petition, No objections have, however. TEST CAS. 4f/NCfE; page?of 4 "t I !,Iq f\ been received from any outsider or even from the brother of the petitioner mentioned in the schedule A to the petition. The Chief Revenue Controlling Authoriry has also not chosen to appear or oppose the grant of letters of administratio n. 3. In the statement of the petitioner recorded before the Joint Registlar on 4a Fbbruary, 2005, the petitioner had testified to the correctness of the deaflr certificate of her father and t'hat of her mother marked as Ex.Pl and Ex.P2 respectively. She has also testified to the correctness of the indenture of conveyance relating to property being flat No.411, 182, NSC Bosrowo calcutta marked as Ex.P3 and the share certificate of 100 shares of Industrial Finance Corporation of India Ltd. marked Ex.P4. apart from Ex.P5 which happens to be the unit certificate of 1000 units in the name of late Mr, Ved [re]ha. 4. In the circumstances, therefore, and in the absence of any opposition from any qua"rter to the prayer for grant of letters of administration, I see no reason to decline the prayer made in the petition. I accordingly allow this petition and grant the letters of administration prayed for in favour of the petitioner in respect of the estate left behind by her parcnts Sh. Ved lpekha and Smt. Darshan Lrekha with the details given in schedule B to the petition subject to the petitioner paying the ft TEST CAS. NT2W page 3 of4 \_j4*i..\a{ . -l- \A-7 J T.S.ITHAKUR, J. tJ-. ry btnafi(u Y requisite court fee and complying with other formalities if any like execu tion of an indemnity/adminis tratio n bond. MARCH II,2OO5 'Neeraj' TEST CAS. 40{zcnd' page4of 4