26 W THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 55/2009 SMT. DEEPAKOCHHAR Petitioner Through:Mr. Ashish.K. Mitra,Advocate. Respondent STATE Thi-ough; Nemo. CORAM: HON'BLEMR. JUSTICES. RAVINDRABHAT ORDER i o/„ 22.01.2010 1. The presentpetitionrequeststlte Courtfor grfuttofLettersofAdministrationand SuccessionCertificatein respectof the assets- movablesand immovables,of late Sh. RajivKocliliar,who died intestateon 08.05.2008. 2. Accordingto tlie petitionaverments,the deceasedwas survivedby the petitioner, his wife,minorchildren(RespondentNos.2and 3), and his parents,i.e. RespondentNos. 4and 5. The details of the properties lefi behind by the deceased are described in Aimexures-Band C; AmiexureBdescribestlie movable properties,such as Securities, assets., bank accounts, mollies lying in deposits with institutionsetc. and Am,exure-C '0 describesthe immovablepropertiesowned by the deceased. One of tlie piopertiesis locatedatRohini,Delhiand the otherin Rajasthan. 3. The petitionwas filedbeforethe learnedAddl. DistrictJudge, and registeredas Test Case 105/2008.After receiptof the ValuationReport from the SDM, Saraswati Vihar, the Court was of the opinion that the subject matter exceeded pecuniary jurisdictionofthe Court.Consequently,the proceedingswere returnedto be filedbefore the competentCourt. In the circumstances,the petitionhas been filed beforethis Court Digitally Signed By:AMULYA Signature Not Verified alo„g with aae recordsof the DistrictJudge. By an order dated 23,11.2009,this Court directedtherecordsofthe learnedAddl.DistrictJudgeto be smnmonedand taggedalong witlitlKpresentfile.The Courthas consideredthe avermentsand materialsonrecord.On 10.11.2008,learned Addl. District.ludge noticedand took on record the No Objection affidavitsofRespondentNos.4and 5. He also recordedtheirpresenceand the statements on theirbehalf.The lowerCourt recordalso revealsthat the newspaperpublicationhad been made effected previously on 22.10.2008. On the same date of hearing, i.e. 10.11.2008,the maternal grandfatherof RespondentNos. 2and 3was named as their guardianad litiim. 4. The Courthas also consideredthe statementofPW-1,the petitioner,who deposed on 15.12.2008 in support of the petition and verified the contends of her affidavit, PW-1/1.In the said affidavit,she affirmedthe contentsofthe petitionand requestedthe Courtto grantLettersofAdministration,as claimed. 5. The record also shows a Death Certificate issued by the Jaipur Municipal Corporationdated16.05.2008,whichhas beenexhibitedas PW-l/D;the plaintiffhas also producedthe copy of her ElectionIdentityCard as Ex. Y/C, as also copy ofthe Ration Card,whichare partofthe record,to establishher identity. 6. In view of the No Objectionaffidavitsfiled by the RespondentNos. 4and 5and the fact that there is no oppositionto the petition,and havingregardto the depositionof PW-1, the Court is satisfiedthat the petitioneris entitled to the grant of Letters of Administrationclaimed. Accordingly, the petition is allowed subject to receipt of ValuationReportin respectofthe seconditemofpropertylocatedin Rajasthan,from the relevantrevenueauthoritiesand subjectto the petitionerpayingthe deficitCourtFee, on the basis of such valuation.The petitionershall also toishAdministrationand Surety Bondto the satisfactionofthe Registrar. 7, List before the Joint Registraron 01.02.2010,for further proceedingstowards receiptofValuationReport. 8 TestCase 55/2009is allowedsubjectto aboveterms. S. RAVINDRA BHAT,J JANUARY 22,2010 'ajk'