Anita Chopra and Anr vs State

Reva Khetrapal, J.—The aforesaid petition seeking Letters of Administration of the Will of Smt. Sarojini Kochhar dated 01.09.2006 has been filed by the petitioners, who are the daughters and only legal heirs of late Smt. Sarojini Kochhar. The facts relevant for the disposal of the present petition are that the deceased, at the time of her death on 6th March, 2007, left behind movable and immovable properties including property No. D-46, Panchsheel Enclave, New Delhi and the contents of Locker bearing No.B-578 in Standard Chartered Bank, Greater Kailash-I Branch, New Delhi. The deceased, vide her Will dated 01.09.2006, bequeathed all her assets equally between her two daughters, that is, Smt. Anita Chopra and Smt. Madhu Ahluwalia, the petitioners herein. The petitioners assert that all the assets left behind by the deceased including property No. D-47, Panchsheel Enclave, New Delhi have been dealt with by the petitioners jointly, except for the contents of the Locker bearing No.B-578 in Standard Chartered Bank, Greater Kailash-I Branch, New Delhi. The petitioners accordingly seek Letters of Administration in respect of the contents of the said locker.

It may be noted at this juncture that the petitioners had filed Case No. 98 of 2008 in the Court of the Administrative Sub-Judge, Delhi seeking grant of a Succession Certificate u/s 372 of the Indian Succession Act. In the said petition seeking a Succession Certificate, a Local Commissioner was appointed to prepare an inventory of the articles lying in the Locker bearing No.B-578 in Standard Chartered Bank, Greater Kailash-I Branch, New Delhi. A copy of the said order dated 5th February, 2008 is annexed with the petition as also the report of the Local Commissioner dated 3rd March, 2008 stating that a total sum of Rs.37,00,000/- (Rupees thirty seven lakhs only) in currency notes was lying in the said locker.

Subsequently, however, by an order dated 05.09.2011 passed in the aforesaid petition, the Administrative Civil Judge rejected the petition and dismissed the same on the ground that the cash amount lying in the Locker does not come within the ambit of the word "security" as defined in Section 370 of the Indian Succession Act, and the only remedy available to the petitioner was to approach the appropriate Court of law. Hence, the institution of the present petition seeking grant of Letters of Administration in respect of the Will of late Smt. Sarojini Kochhar dated 01.09.2006.

Notice of the institution of the petition was issued by way of publication of citation in the Delhi Edition of the "Statesman" dated 2nd February, 2012, but none appeared to oppose the grant of Letters of Administration to the petitioners, claimed to be the only legal heirs of the deceased, Smt. Sarojini Kochhar.

The petitioners adduced their evidence by filing affidavit by way of evidence of Smt. Anita Chopra, petitioner No.1 as PW-1 (Exhibit PW1/A) and by filing affidavit by way of evidence of PW-2, Shri Vinod Asthana (Exhibit PW2/A), one of the attesting witnesses to the Will of the deceased.

PW-1, Smt. Anita Chopra in her evidence reiterated the contents of the petition and proved on record the original death certificate of late Smt. Sarojini Kochhar as Exhibit PW1/1. She stated on oath that her mother, late Smt. Sarojini Kochhar had left behind a Will dated 1st September, 2006 bequeathing all her assets equally between her two daughters (Exhibit PW2/1). She further stated that all the movable and immovable assets set out in the said Will of Smt. Sarojini Kochhar had been dealt with by the petitioners jointly, except the contents of the Locker bearing No.B-578 in Standard Chartered Bank, Greater Kailash-I Branch, New Delhi. She also proved on record the certified copy of the order dated 5th September, 2011 as Exhibit PW1/2 passed in Case No.98/2008 by the Court of the Administrative Sub-Judge, Delhi dismissing the petition of the petitioners seeking grant of Succession Certificate; and copy of the order dated 5th February, 2008 appointing the Local Commissioner in the said petition as Exhibit PW1/3 alongwith the report of the said Local Commissioner. PW-1, Smt. Anita Chopra asserted that the petitioners by virtue of Will dated 1st September, 2006 are entitled to deal with the property of the deceased, including the contents of the aforesaid locker and prayed that the petition be decreed, as prayed.

PW-2, Sh. Vinod Asthana, son of Sh. R.N. Asthana, in his Affidavit by way of evidence stated on oath that he was one of the attesting witnesses to the last Will of late Smt. Sarojini Kochhar dated 1st September, 2006 (Exhibit PW2/1). In his said Affidavit, he further stated that at the time of signing of the said Will, the testatrix was in a sound disposing mind; and that he alongwith the other attesting witness, Sh. Rakesh Saxena had attested the said Will as witness in the presence of the testatrix, Smt. Sarojini Kochhar, who had signed the said Will in their presence.

As noted above, the testimonies of both the aforesaid witnesses are unrebutted and unchallenged on record. The Court is accordingly satisfied that the petitioners being the only legal heirs of late Smt. Sarojini Kochhar and equal beneficiaries under her Will, which has been proved on record by adducing cogent evidence, are entitled to the grant of Letters of Administration in their favour and in particular with respect to administration of her Locker bearing No.B-578 in Standard Chartered Bank, Greater Kailash-I Branch, New Delhi. The report of the Local Commissioner dated 03.03.2008 proved on record, indicates that a total sum of Rs.37,00,000/- (Rupees thirty seven lakhs only) in currency notes is lying in the said locker. In accordance with the Will of the testatrix, the petitioners No.1 and 2 must be entitled to receive the said money in equal shares.

In view of the aforesaid, the petition is decreed by grant of Letters of Administration in respect of the Will of Smt. Sarojini Kochhar dated 1st September, 2006 in favour of the petitioners and in particular with respect to the administration of her Locker bearing No.B-578 in Standard Chartered Bank, Greater Kailash-I Branch, New Delhi. The petitioners shall complete the requisite formalities including furnishing of administration bonds, surety bonds etc. within a period of two months from today, whereupon a copy of this order shall be issued dasti to the petitioners for being served upon the Standard Chartered Bank, Greater Kailash-I Branch, New Delhi. Test Case no. 112/2011 is disposed of accordingly.