Sh H.C Shastri v. State and Others

THE IIIGH COURT OF'DELHI AT NEW DELHI +Sh. H.C. Shashi State & Others ?.F, CORAM:- HONOBLE MR JUSTICE MANIMOHAN SINGH

¶1Whether Reporters of local papel's rnay be allowed to see the judgment ?

¶2To be referred to the Reporter or not ?

¶3Whether the judgment should be reported in Digest ? .':7-MANMOHAN SINGH" J. (Oral) i

¶1The present petition under section 278 of the Indian Succession Act,1925 has been filed by the petitioner seeking grant of letter of adrninistration of the will dated 22.06.2007 in respect of the estate ofhis son Late Sh. Inder Mohan Shanna. \1 TEST. CASE. No. 2 of 2009 Decided on : 26.05.20II Tlu'ough: IvIr. Anil Sapra, ,,. il":lflil"t' Mr. Rajesh Baweja and Ms. Uryi, Advs. Versus ... .Respondents Through: Mr. Manoj Sharma, Adv. with Mr. Surnit Bhardwaj, Adv. for Respondents No.2 and 3 Mr. K.L. Chaudhary; Adv. for Respondent Nos.4 to 8 Page I of 8 lf- \q

¶2The deceased, Sh. Inder Mohan Shanna expired on

01.07.2007. T\e original death certificate Ex. PWl/B of the deceased is on record. At the time of his death, the deceased was a resident of H-45, Lane W-10, Sainik Fanns, New Delhi-II0062. The deceased was survived by his father who is the petitioner in this case and his wife and a minor daughter who are respondents No.2 and 3 respectively. Besides the abovemenlioned class t heirs, the deceased, had a brother who is respondent No.4 and his four sisters who are respondent Nos. 4 to B in this petition.

¶3The deceased has bequeathed his estate rnoveable as well as immoveable, in the following manner:- IMMOVABLE PROPERTY _

(i) 50%o share in the residential property bearing No. H-45 A, Lane W-10, Sainik Fanns, New Delhi I favour ofthe petitioner.

(ii) 5 acres of fann house at Bakergarh, Nazafgalh vide Khasra No. 23115 & 23116 in favour of the petitioner.

(iit) A shop at Tarapur in Maharashfi'a, in favoul of the petitioner. I Page 2 ofB \ r,-f' t (i") A flat in Prakash Aparhnent,440515, Ansari Road, New Delhi in favour ofrespondent No.2.

(v) 2.5 acres of Farm Land situated at Bakergalh, Nazafgarh, in favour ofrespondent No.2. (vD Two residential Plots in Greater Noida Bering No. K-138 and I-273 in Sector Delta IInd. in favour of respondent No.2. MOVABLE PROPERTIES

(1) 50% shares in Stal IT Park P\rt. Ltd. Geniousbuddy Infotech Pvt. Ltd. Floracent E4port Pvt. Ltd. Quick Apparels PW. Ltd. Polychrome IT Park P\rt. Ltd. in favour ofthe petitioner. (iD 5000 shares in IMS Construction Pvt. Ltd. 50% shales in Star IT Park Pvt. Ltd. Geniousbuddy Infotech P\rt. Ltd. Floracent Export P\4. Ltd. Quick Apparels Pvt. Ltd. Polychrome IT Park P\rt. Ltd. in favour of the petitioner. (iiD 50% of the few shares in Advant IT Park Pvt. Ltd, 50% shares in Stal IT Park Pvt. Ltd. Geniousbuddy Infotech Pvt. Ltd. Floracent Export P\rt. Ltd. Quick Appalels Pw. *-r Page 3 of B ,L{ Ltd. Polychrome IT Park P\rt. Ltd. in favour of flre petitioner and (i9 50% of the few shares in Advant IT Park P\rt. Ltd, 50% shares in Star IT Park Pvt. Ltd. Geniousbuddy Infotech P\4. Ltd. Floracent E4port P\rt. Ltd. Quick Apparels Pvt. Ltd. Polychrorne IT Park Pvt. Ltd. in favour of respondent No.3. (") 50% shares in HSV Garments P\4. Ltd. in favour of respondent No.3. (vr') All the bank accounts , lockers, post office savings, shares in listed cornpanies any other bonds, jewellery etc. in favour of respondent No. 2.

¶4Further, as per the will of Sh. Inder Mohan Shanna. any assets moveable or immoveable" which have been omitted to be rnentioned in the will or which he may have acquired after the execution of the will shall be taken by respondent No.2.

¶5The petitioner has made this application for gant of letter of adrninistration in order to administer the following estate/properties left by the deceased : -f .]c-Tbst Case No.2/2009 ?\

(i) (i') Easter Portion on the Ground Floor of property No. Municipal No. 4405, Part No. II, 5 Daryaganj, New Delhi-110002, Khasra No. 57, measuring about 373.5 sq. yards inherited by the deceased vide registered will dated 01.t2.1987 of his grandmother Smt. Janaki Devi. Shop bearing No. 07 on the Ground Floor at "Oswal Empile" Building L/3 Type adrneasring Built-up area is 116 Sq, ft. at Village Saravali Tal: Palghar, Dist. Thahe, Mahalashtra Agliculture land measuring 4 Bighas and 5 Biswas bearing Khasra Nos. 23115 rnin. East Side (1-8) and 16 rnin. East side (2-7), situated in village Balagarh, Delhi as pel levenue records.

(iv) Agricultule land measuring 6 Bighas and 3 Biswas bearing Khasra Nos. 15/21 (4-16) and 15120 min. (1-0) andI5l22ll (0-7), situated in village Bakrgalh, Delhi as per revenue records.

(v) Agriculture land rneasuring 6 Bighas and 3 Biswas bearing Khasra Nos. 15/20 rnin. (3-16) and 15/1112 (2-7, situated in village Bakrgalh, Delhi as pel revenue records.

(ui) Agricultule land rneasuring 4 Bighas and 12 Biswas bearing 'q

(iii) -? //.i T'est Case No.2/2009 Page 5 of I '1/' q-/ Khasra Nos. 29l9/I (4-I2, situated in village Bakrgarh, Delhi as per revenue records. (viD Agriculture land measuring 4 Bighas and 16 Biswas bearing Khasra Nos. 24111, situated in village Bakrgarh, Delhi as per revenue records.

(viir) Agiculture land measuring 4 Bighas and 16 Biswas bearing Khasra Nos. 24120, situated in village Bakrgarh, Delhi as per revenug records. (*) Agriculture land rneasuring 4 Bighas and 3 Biswas bearing Khasra Nos. 24l121I (2-I2) and2lll (1-11), situated in village Bakrgarh, Delhi as per revenue records. (") Locker No. H-47 with Standard Charted Bank, South Extension, Part II, New Delhi.

(xr) Savings in Public Provident Fund Account No. 4,-19567 with Goal Dakkhana, Balakhamba Road, New Delhi, balance as on L3.07.2008 is Rs. 5,27,9821- (Rupees Five lac, twenty thousand nine hundred eighty two only). t

¶6The petitioner is seeking the Letters of Adrninistration in respect of the above estate/properff of the deceased with thc consent + \' -1 .j1 Page 6 of9 *t lt of respondent No. 2 and her infant daughter narnely baby Ishanvi, respondent No.3 whose natural guardian is respondent No.2, as well as respondent Nos. 4 to 8 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 Adrninistration in respect of estate of the deceased to the petitioner. Copies of all the above..mentioned no-objection certificates are placed on record.

¶7Citation of these proceedings have been effected in "The Hindustan Times" dated 19.03.2009. Valuation reports in respect of property No. 4405/5, Prakash Aparlrnent,Duya Gattj, New Delhi and 5 acres of fann house at Bakergalh, Nazafgarh and 2.5 acres of Fann Land situated at Bakergalh, Nazafgalh, have also been received.

¶8The will dated 22.06.2007. rnarked as Ex.PWl/C, has been signed by the deceased and two affesting witnesses. Evidence by way of an affidavit has been filed by the petitioner, PW-l and by N{r. Garvesh Shann4 PW-2, who is one of the two attesting witness of the will Ex.PWl/C, of the deceased. It has been stated by Mt. Garvesh Sharma, PW-2 in his affidavit that he was pl'esent and saw the deceased/testator affix his signatures on the will dated 22.06.2007 and Page 7 ofB Test Case No.22009 I MAY 26,2011 dp Test Case No.2i2009 eh'1 ?r?\ c). f\ | MANMOHAN SINGI{, J. Pagc 8 oJ'B .l -fq*{vt I'n. raAto/fl (+", vafi,.-!'oa t*rn ptrop+r,b,'"tr a"t*f (otl,.tr-l rrwtral *..n*( Jc t [.r, i'r ]A.r b4*tvr .]t. J (o t -l I - I f-r.\.ti"v1 ia uL.t.-l,i &inp.n*/ ,[r, (l