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1994 DIGILAW 392 (DEL)

RAJINDER KAUR v. STATE OF DELHI

1994-05-27

J.K.MEHRA

body1994
J. K. Mehra,j. ( 1 ) THIS is a petition for the grant of letter of Administrationto the petitioners in respect of the properties of Shri Gurdip Singh Anand sincedeceased who according to the death certificate filed on Court record had died athis permanent address, C-10 Daya Nand Colony, Lajpat Nagar, New Delhi on6. 11. 1985. ( 2 ) IT is stated in the petition that Mr. Gurdip Singh Anand died inte-state andinspite of due diligence and search, no Will or codicil of the deceased has beenfound. ( 3 ) NOTICES of this petition were duly served on all near relations asmentioned in para 3 of the petition, one of whom, namely, Mrs. Kulwant Kaur,mother of the deceased has stated that she does not have any objection if the letterof administration is granted to the petitioners. There is no opposition to the grant. The petition was also advertised in the-"statesman" and the notice has also beenserved on the Chief Controller of Revenue, Ludhiana, Punjab. There has been noopposition from any of the respondents. ( 4 ) IN the present case, in support of the averments made in the petition,counsel for the petitioners, has examined the petitioner as P. W. 1, who is thewidow of the deceased and petitioner No. 2 is the minor son of the deceased andhas been represented through petitioner No. 1 as his natural guardian. She hasstated on oath that she does not have adverse interest qua petitioner No. 2. P. W. 1has further proved the Death Certificate which is Ext. P. 1. P. W. 1 has furtherproduced a Dissolution Deed being Ext. P. 2 in proof of the deceased having becomeowner of the property allotted to M/s Dashmedh Carriers wherein the deceasedwas a partner by Ludhiana Improvement Trust at Ludhiana and after thedissolution of the partnership the deceased became the sole proprietor of the saidand consequently became absolute owner of the plot of land. Ext. P. S is theguru mukhi script of the letter of allotment received by the said firm whereby a plotof 500 sq. yards was allotted by Ludhiana Improvement Trust to M/s Kamaltransport Company and M/s Dashmesh Carriers and the said plot was to bedivided half and half between the said two firms. Ext. P. 3a is the true Englishtranslation of the said allotment letter. ( 5 ) MRS. yards was allotted by Ludhiana Improvement Trust to M/s Kamaltransport Company and M/s Dashmesh Carriers and the said plot was to bedivided half and half between the said two firms. Ext. P. 3a is the true Englishtranslation of the said allotment letter. ( 5 ) MRS. Kulvinder Kaur, the mother of deceased also appeared and made astatement to the effect that she does not have any objection if the letters ofadministration in respect of the properties of the deceased are issued in favour ofthe petitioners. ( 6 ) THE citation pursuant to order dated 19/02/1988 was publishedin "statesman" on 1. 2. 1989. ( 7 ) THERE being no opposition to the grant of letter of administration, I seeno impediment in the way of grant of letters of administration in favour ofpetitioner No. 1. There cannot be any grant in favour of Petitioner No. 2 who is stilla minor. I, accordingly, allow this petition inpart and grant letters of Administration to the petitioner No. l in respect of the properties of Shri Gurdip Singhanand, since deceased inter-state. Subject to her executing a security bondundertaking to protect minor s (Petitioner No. 2) interest and filing in this Courta true and correct account of the minor s share in the estate. Cash assets realisedwhich fall to the share of the minor, petitioner No. 2 shall be kept by the petitionerno. 1 in a fixed deposit in any Scheduled Bank. The petitioner No. 1 shall file therequisite statements of the realisations of the estate and its re-disbursementrespectively as per rules within six months and one year or within such extendedperiod/s as the Court may allow. Let the requisite stamp be supplied by thepetitioner No. 1 and letters of administration be engrossed thereon.