Santosh Behal vs State and Others

Manmohan Singh, J.—The present petition u/s 278 of the Indian Succession Act, 1925 has been filed by the petitioner seeking grant of

letters of administration in favour of the petitioner in respect of the property being �Deepak Building� located at Station Road, Budh Bazar,

Moradabad, Uttar Pradesh, which is more specifically described in the Schedule annexed with the petition.

The petitioner is the wife of late Shri V.N. Behal (hereinafter referred to as the deceased) who died intestate on 27.12.2008. The original death

certificate marked as �Annexure P1�of the deceased is on record. At the time of his death, the deceased was a resident of 49, Ring Road,

Lajpat Nagar III, New Delhi-110024. The deceased was survived by the following Class I legal heirs:

(i) Smt. Santosh Behal, wife (petitioner)

(ii) Sh. Naresh Behal, Son (respondent No. 2)

(iii) Sh. Deepak Behal, Son (respondent No. 3)

(iv) Smt. Promilla Sawhney, daughter (respondent No. 4)

(v) Smt. Romilla Sawhney, daughter (respondent No. 5)

(vi) Smt. Mohini Suri, daughter (respondent No. 6)

It is averred in the petition that the property at Lajpat Nagar, where the petitioner continues to reside till date, was jointly owned by the

petitioner and the deceased. Thus, upon his death, his 50% share devolved upon his legal heirs mentioned above, including the petitioner, in equal

proportion. Thereafter, by way of the relinquishment deed dated 19.05.2010, respondent Nos. 2 to 6 relinquished their respective rights, interest

in the said property situated at 49, Ring Road, Lajpat Nagar III, New Delhi-110024 in favour of the petitioner, making the petitioner, the sole and

absolute owner of the said property. The copy of the said relinquishment deed dated 19.05.2010 is marked as �Annexure P2�.

It is stated by the petitioner that the deceased was the sole and absolute owner of the property being �Deepak Building� situated at Station

Road, Budh Bazar, Moradabad, Uttar Pradesh but there is no dispute between the petitioner and the respondents in respect of inheritance of the

said property mentioned in the schedule annexed with the present petition and the respondent Nos. 2 to 6 have agreed to relinquish their respective

rights, interest in the said property in favour of the petitioner. Thus the petitioner has filed the instant petition for grant of letters of administration in

her favour in respect of the property located at Station Road, Budh Bazar, Moradabad, Uttar Pradesh with the consent of respondent Nos. 2 to 6

who have given their no objection by way of affidavits in which they have stated that they have no objection to grant the of Letters of

Administration in respect of the property being �Deepak Building� located at Station Road, Budh Bazar, Moradabad, Uttar Pradesh to the

petitioner. Copies of all the above mentioned no-objection certificates are placed on record.

Citation of these proceedings have been effected in �The Statesman� dated 19.11.2011 and in �Amar Ujala� of Muradabad edition

dated 19.11.2011.

In view of the above, the petition is allowed. Letters of Administration be granted to the petitioner in respect of the property being �Deepak

Building� located at Station Road, Budh Bazar, Moradabad, Uttar Pradesh, subject to filing of valuation report of the said property, payment of

requisite court fee according to valuation and a surety bond. The petition stands disposed of.