Mandeep Singh vs State (Govt Of Nct Of Delhi)

YOGESH KHANNA, J.

This petition is under Section 278 of the Indian Succession Act, 1925 filed by petitioner for grant of letter of administration in respect of immovable

property bearing No.34, Hemkunt Colony, Greater Kailash â€" I, New Delhi (for short the ‘subject property’) being the sole surviving legal heir

of deceased owner â€" Swaran Jit Singh.Â

The facts of the petition in brief are as follows:-

a) petitioner claims to be an adopted son of one Swaran Jit Singh and Smt.Balbir Kaur vide vide adoption order dated 03.09.1973 passed by learned

District Judge, Delhi under Section 9(4) of the Hindu Adoption and Maintenance Act, 1956;Â

b) vide the conveyance deed dated 05.10.1995 the subject property was purchased by deceased Swaran Jit Singh - the deceased father of

petitioner herein;

c) Swaran Jit Singh had a fixed place of abode at the subject property and died on 01.02.2009 and was survived by petitioner herein and his mother

â€" Smt.Balbir Kaur. The mother of the petitioner also died on 09.03.2016 intestate, thus petitioner is the only class I surviving son of the

deceased;Â and

d) petitioner claims the letter of administration in respect of subject property as the movable properties have already been inherited by him being the

sole nominee of the deceased.Â

Upon receipt of petition, citations were issued to the class II relatives of petitioner; out of them only two relatives namely 1(b) Mr.Manojranjan

Shivasankar and 1(c) Professor Supriya Singh filed affidavits of their no objections to grant of letter of administration in favour of petitioner in respect

of subject property. As regards the other relatives, all of them were duly served in through publication in ‘Statesman’ dated 07.12.2016 and

‘Jansatta’ on 13.01.2017, but none appeared on their behalf. Â

Per order dated 23.11.2017 the SDM concerned has filed the valuation report qua the subject property to the tune of Rs. 3,93,33,600/-.  The

copies of death certificate of parents of petitioner has also annexed to the petition. Â

In the circumstances, where the petitioner is the only class I heir of deceased and where two class II relatives have filed their no objection

affidavits and other class II relatives have chosen not to appear or contest the claim of petitioner despite service through publication, there exists no

impediment in grant of letter of administration in favour of the petitioner qua the subject property, as sought for respect of the subject property of

deceased, mentioned in schedule A.

In view of above, the letter of administration of subject property of deceased, per Annexure-A, is granted in favour of the petitioner. Â

Registry to issue the letter of administration per valuation report as filed by SDM concerned and on paying the requisite stamp duty etc and also

upon furnishing administration bond.Â

In view of above, the petition stands disposed of.  No order as to cost.