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Judgment
Asha Menon, J
The present petition has been filed under Section 278 of the Indian Succession Act, 1925, for grant of Letters of Administration in respect of the Estate of late Sh. Shyam Sunder Sood and late Smt.Mamta Sood.
It is stated in the petition that late Sh.Shyam Sunder Sood and late Smt.Mamta Sood, the parents of the petitioner, met with an accident and expired on 22nd November, 2016 at 10 a.m. at Rajnagar, District Rajsamand, Rajasthan. The petitioner/Bhavana Sood, being their daughter, and the respondent No.2/Saurabh Sood, being their son, are the only children of the deceased.
It is stated in the petition that the deceased were Hindus and governed by Hindu laws. They had died intestate. Thus, the petitioner and the respondent No.2 are Class-I legal heirs of the deceased. As the search of the papers of the deceased revealed that they had left behind both, movable as well as immovable properties, as listed in the Schedules A (Colly.) & B (Colly.), the present petition has been filed for grant of Letters of Administration. In the petition, the petitioner has placed the valuation of the movable property/assets at Rs.2,07,57,042.80/- and that of the two immovable properties at Rs.85,62,625/-.
The petitioner has sought the following reliefs: -
"i. allow the present application and grant a Letters of Administration in favour of the Applicant, Ms.Bhavana Sood collection of all the moveable properties/assets and the immoveable properties/assets as specified in paragraph no.'s 7 and 8 but not limiting her claim/s to any other and/ or further moveable properties/ assets and/ or immoveable properties/ assets not mentioned hereinabove and which may be found existing in the name/s of the deceased at any later point of time, as specified in paragraph no.'s 7 and 8 and annexed herein as Schedule A [Colly] and Schedule B[Colly] annexed hereto the present application.; and/ or
ii. further enable the Applicant to administer all the immoveable properties and/ or moveable properties/ assets mentioned hereinabove and/ or further immoveable properties and/ or moveable properties/ assets not mentioned hereinabove and which may be found existing in the name/s of the deceased at any later point of time, for enabling her to administer all the shares of the deceased and further to do/ conduct all such and every act/s, if any, to the best of her ability in any manner whatsoever and whensoever.; and/ or
iii. Such other and further order/s and/ or relief/s as deemed fit, proper and appropriate under the facts and circumstances of the present case."
The Court had sought the Valuation reports from SDM, Saraswati Vihar, New Delhi and SDM, Gurugram, Haryana, in respect of the two immovable properties. These were submitted on 1st February, 2019 and 8th April, 2019. The value of the property bearing No.66-A, AD Block, Shalimar Bagh, New Delhi-110088, has been fixed at Rs.1,03,39,200/-. The other property, which is a 3BHK+Study flat having Super Area of 2125 Sft., i.e. Flat No.C402, 4th Floor, Type-III, NBCC Heights Phase-2, Sector 89, Gurugram (earlier known as Gurgaon), Haryana-122 201, has been valued at Rs.88 lakhs.
Citations were published in two newspapers, namely, 'The Indian Express' and 'Jansatta', both dated 25th December, 2018.
The respondent No.2 is the elder brother and only sibling of the petitioner. He has filed his affidavit dated 20th July, 2019, whereby he has given his 'No Objection' to the grant of the Letters of Administration to the petitioner. He also appeared before court on 26th August, 2019 and confirmed that he had filed the affidavit dated 20th July, 2019 and affirmed before the court that he stood by its contents.
The petitioner examined herself as PW1 on 17th December, 2019 and no other witness. She brought on record the documents Ex. PW1/A to Ex.PW1/C, Ex.PW1/D/I(Colly.) to Ex.PW1/D/VIII (Colly.) and Ex.PW1/E (Colly). On that date, the respondent No.2, who was present in person, did not cross examine her and also submitted that he did not wish to lead any evidence.
By way of her affidavit (Ex.PW1/A), the petitioner has affirmed that her parents have died. Their Death Certificates are Ex.PW1/A & PW1/B. She has brought on record the copy of her Aadhaar Card as EX.PW1. She has stated that though at the time of filing of the petition, she placed on record the lists of all movable properties/assets as Schedule A (Colly.) and immovable properties as Schedule B (Colly.), but stated in her affidavit (Ex.PW1/A) that the revised list of movable properties/assets is now as Exhibit PW1/D/I[Colly.] to Exhibit PW1/D/VIII[Colly.] and immovable properties as Exhibit PW1/E[Colly.]. In support of these revised lists, she has also brought on record the following: -
i. The details of the Bank Accounts are Ex.PW1/D/I (Colly.), which include documents relating to the accounts.
ii. The details with relevant documents of the Bank Lockers are Ex. PW1/D/II(Colly.).
iii. The details of the Fixed Deposit Receipts along with documents are Ex.PW1/D/III.
iv. The details of Bonds/Mutual funds/Shares in NSDL Holdings along with documents are Ex. PW1/D/IV(Colly.).
v. The details of Public Provident Funds along with copy of passbook and other related documents are Ex. PW1/D/V(Colly.).
vi. The details of National Savings Certificates along with relevant documents are Ex. PW1/D/VI(Colly.).
vii. The details of Life Insurance Policies along with related documents are Ex. PW1/D/VII(Colly.).
viii. The details of Car Insurance Claim along with documents are Ex. PW1/D/VIII(Colly.).
ix. The details of Immovable Property along with copy of allotment letter and other related documents are Ex. PW1/E(Colly.).
The Valuation Reports are marked as Documents F and G for convenience.
There is no objection to the grant of Letters of Administration to the petitioner, as no objections have been received from any one after the publication of the citations. The respondent No.2 has also supported the petitioner's request for grant of Letters of Administration to her.
Accordingly, on the basis of the documents and the affidavits of the petitioner and the respondent No.2 and his "no objection", the petition is allowed and the Letters of Administration are granted in favour of the petitioner/Bhavana Sood to administer all the moveable and immovable properties, including shares of the deceased and further to do/conduct all such and every act/s to the best of her ability in any manner whatsoever and whensoever, in respect of the following properties:-
PW1/D/I/ [Colly]-Bank Accounts:
S.no.
Name of Deceased
Details
Approximate Value (Rs.)
1.
Late. Mr. Shyam Sunder Sood
SB a/c no. 0153000100772295,
Punjab National Bank, 5 Sansad Marg, New Delhi-110001
1,86,535.60/- as on 15.02.2018
2.
Late. Mr. Shyam Sunder Sood
SB a/c no. 0637000200141770,
Punjab National Bank, B-23, Ashok Vihar, Phase 1, Delhi- 110052
4,207.50/- as on 06.03.2018
3.
Late. Mr. Shyam Sunder Sood
SB a/c no. 3061000201002838,
Punjab National Bank, KHRMS, Phase 1, Ashok Vihar, Delhi- 110052
27,700/- as on 06.03.2018
4.
Late. Mr. Shyam Sunder Sood
SB a/c no. 4184001100005183,
Punjab National Bank, Shalimar Bagh, Delhi- 110 088
1,17,882.35/- as on 18.12.2017
5.
Late. Mr. Shyam Sunder Sood
SB a/c no. 1988000102490929,
Punjab National Bank, Bhikaji Cama Place, New Delhi-110 066
12,238.63/- as on 05.12.2017
6.
Late. Mr. Shyam Sunder Sood
SB a/c no. 4184000200051579,
Punjab National Bank, AM-60, Shalimar -Bagh, Delhi -110 088
85,719.01/- as on 03.12.2017
7.
Late. Mr. Shyam Sunder Sood
SB a/c no. 1522009500005432,
Punjab National Bank, Rajendra Place, New Delhi-110 008
12,606.48/- as on 22.06.2017
8.
Late. Mr. Shyam Sunder Sood
SB a/c no. 0258000200000784,
Punjab National Bank, Kapurthala, Punjab
3,578/-
9.
Late. Mr. Shyam Sunder Sood
SB a/c no. 0258000200001488,
Punjab National Bank, Kapurthala, Punjab
2,903/- as on 02.11.2019
10.
Late. Ms. Mamta Sood
SB a/c no. 0153000100772329,
Punjab National Bank, 5 Sansad Marg, New Delhi-110 001
83,417.93/- as on 15.02.2018
11.
Late. Ms. Mamta Sood
SB a/c no. 0637000100241240,
Punjab National Bank, B-23,
Ashok Vihar, Phase 1, Delhi-110 052
9,427.62/- as on 06.03.2018
12.
Late. Ms. Mamta Sood
SB a/c no. 1988000102491140
Punjab National Bank, Bhikaji Cama Place, New Delhi-110 066
1,68,784.55/- as on 05.12.2017
13.
Late. Ms. Mamta Sood
SB a/c no. 4184001100005192
Punjab National Bank, Shalimar Bagh, Delhi- 110 088
68,311.69/- as on 03.12.2017
14.
Late. Ms. Mamta Sood
SB a/c no. 30115419054 State
Bank of India, Ordinance Depot, Shakur Basti, Delhi-110 056
2,741.28/- as on 25.12.2017
PW1/D/II/ [Colly]-Bank Locker:
S.no.
Name of Deceased
Details
Value (Rs.)
1.
Late. Mr. Shyam Sunder Sood
Locker No. AT01903, Punjab National Bank, B-23, Ashok
Vihar, Phase 1, Delhi-110 052
Not Known
PW1/D/III/ [Colly]-Fixed Deposit Receipts:
1.
Late. Mr. Sunder Sood
Shyam
FDR No. 015300DS00022334,
Punjab National Bank, 5 Sansad Marg, New DeIhi-110 001
34,000/-
2.
Late. Mr. Sunder Sood
Shyam
FDR No. 418400DA00017453,
Punjab National Bank, B-23,Ashok Vihar, Phase 1, Delhi-110 052
90,000/-
3.
Late. Mr. Sunder Sood
Shyam
FDR No. 306100SU00000725,
Punjab National Bank, KHRMS, Phase 1, Ashok Vihar, Delhi-110
052
88,522/-
4.
Late. Mr. Sunder Sood
Shyam
FDR No. 418400DP00035375,
Punjab National Bank, Shalimar Bagh, Delhi-110 088
1,05,000/-
5.
Late. Mr. Sunder Sood
Shyam
FDR No. 418400PU00040950,
Punjab National Bank, Shalimar Bagh, Delhi-110 088
1,00,000/-
6.
Late. Mr. Sunder Sood
Shyam
FDR No. 418400DA00017471,
Punjab National BanK, AM-60, Shalimar Bagh, Delhi-110 088
66,019/-
7.
Late. Mr. Sunder Sood
Shyam
FDR No. 418400DS00000729,
Punjab National Bank, AM-60, Shalimar Bagh, Delhi- 110 088
80,000/-
8.
Late. Mr. Sunder Sood
Shyam
FDR No. 418400DS00001795,
Punjab National Bank, AM-60, Shalimar Bagh, Delhi- 110 088
40,000/-
9.
Late. Mr. Sunder Sood
Shyam
FDR No. 418400DS00001801,
Punjab National Bank, AM-60, Shalimar Bagh, Delhi- 110 088
10,000/-
10.
Late. Mr. Sunder Sood
Shyam
FDR No. 418400DS00001810,
Punjab National Bank, AM-60, Shalimar Bagh, Delhi- 110 088
20,000/-
11.
Late. Mr.
Sunder Sood
Shyam
FDR
Punjab
No. 418400PU00040941,
National Bank, AM-60, Shalimar Bagh, Delhi- 110 088
50,000/-
12.
Late. Mr.
Sunder Sood
Shyam
FDR No. 063700DS00000241,
Ashok Vihar Branch
88,521/-
13.
Late. Sood
Ms.
Mamta
FDR No. 015300DP00083037,
Punjab National Bank, 5, Sansad Marg, New Delhi- 110 001
35,000/-
14.
Late. Sood
Ms.
Mamta
FDR No. 198800DP00017002,
Punjab National Bank, Bhikaji Cama Place, New Delhi- 110 066
10,787/-
15.
Late. Sood
Ms.
Mamta
FDR No. 198800DP00017145,
Punjab National Bank, Bhikaji Cama Place, New Delhi- 110 066
24,000/-
16.
Late. Sood
Ms.
Mamta
FDR No. 418400DA00017444,
Punjab National Bank, Bhikaji Caraa Place, New Delhi- 110 066
1,75,312/-
17.
Late. Sood
Ms.
Mamta
FDR No. 418400DA00017480,
Punjab National Bank, Bhikaji Cama Place, New Delhi- 110 066
2,31,326/-
18.
Late. Sood
Ms.
Mamta
FDR No. 418400DP00028427,
Punjab National Bank, Bhikaji Cama Place, New Delhi- 110 066
19,16,261/-
19.
Late. Sood
Ms.
Mamta
FDR No. 418400PU00031606,
Punjab National Bank, Bhikaji Cama Place, New Delhi- 110 066
3,92,749/-
20.
Late. Sood
Ms.
Mamta
FDR No. 418400DA00001610,
Punjab National Bank, Shalimar Bagh, Delhi-110 088
39,620/-
21.
Late. Sood
Ms.
Mamta
FDR No.418400DP00035302,
Punjab National Bank, Shalimar Bagh, Delhi-110 088
16,180/-
22.
Late. Sood
Ms.
Mamta
FDR No. 418400DP00035418,
Punjab National Bank, Shalimar Bagh, Delhi-110 088
26,908/-
23.
Late. Sood
Ms.
Mamta
FDR No. 418400PU00015130,
Punjab National Bank, Shalimar Bagh, Delhi-110 088
1,25,000/-
PW1/D/IV [Colly]-Bonds/Mutual funds/shares in NSDL Holdings:
S.No.
Name of deceased
Details
Face value [Rs.]
1.
Late Mr. Shyam Sunder Sood
Equity-Shares/Preference Shares=Punjab National Bank DP
ID: IN300708 Client ID: 10135140
51,76,619.8/- as on 31.07.2019
2.
Late Mr. Shyam Sunder Sood
Mutual Funds/ Unclaimed dividends Folio nos.
1004171655,1020134072
45,349.18/- as on 31.07.2019
3.
Late Mr. Shyam
Sunder Sood
NTPC Limited fixed Interest Bonds
2,500/-
as on 31.03.2018
4.
Late Ms. Mamta Sood
Equity-Shares/ Preference
shares-Punjab National Bank DP ID: IN300708 Client ID: 10135158
26,65,353.35/- as on 31.07.2019
5.
Late Ms. Mamta
Sood
Mutual Funds/ Unclaimed
dividends Folio no.1020135009
11,377.32/-
as on 31.07.2019
PW1/D/V [Colly]-Public Provident Funds:
S.no.
Name of Deceased
Details
Value (Rs.)
1.
Late. Mr. Shyam
Sunder Sood
State Bank of India PPF a/c no.
10740282307
18,61,634.13/-
as on 31.03.2017
2.
Late. Ms. Mamta
Sood
Punjab National Bank PPF a/c
no. 525
22,23,012/-
as on 27.03.2017
PW1/D/VI [Colly]: National Saving Certificates:
S.no.
Name of Deceased
Details
Value (Rs.)
1.
Late. Mr. Shyam
Sunder Sood
5yr National Savings Certificate
No. 5NS/38EF 415475
10,000/-
2.
Late. Mr. Shyam
Sunder Sood
5yr National Savings Certificate
No. 5NS/ 38EF 415476
10,000/-
3.
Late. Ms. Mamta
Sood
5yr National Savings Certificate
No. 5NS/38EF 415473
10,000/-
4.
Late. Ms. Mamta
Sood
5yr National Savings Certificate
No. 5NS/38EF 415474
10,000/-
PW1/D/VII [Colly]: Life Insurance Policies:
S.no.
Name of Deceased
Details
Value
(Rs.)
1.
Late. Mr. Shyam
Sunder Sood
LIC of India Jeevan Suraksha- Pension Plan
Policy No. 112582984
NA
2.
Late. Mr. Shyam
Sunder Sood
LIC of India Policy No. 110387645
NA
3.
Late. Ms. Mamta
Sood
LIC of India New Jeevan Dhara-1/ New
Jeevan Suraksha Policy No. 331171620
NA
4.
Late. Ms. Mamta
Sood
LIC of India Money Back 20yr With Profits
policy No. 330384352
NA
5.
Late. Ms. Mamta Sood
Pradhan Mantri Suraksha Bima Yojana statement reflected in SB a/c no. 1988000102491140 Punjab National Bank,
Bhikaji Cama Place, New Delhi- 110 066
12/-
6.
Late. Mr. Shyam Sunder Sood
Pradhan Mantri Suraksha Bima Yojana statement reflected in SB a/c no. 1988000102490929, Punjab National Bank,
Bhikaji Cama Place, New Delhi- 110 066
12/-
PW1/D/VIII- Car Insurance Claim:
S.No.
Name of deceased
Details
Value [Rs.]
1.
Late Mr. Shyam Sunder Sood
Car no. DL8CQ7319
1,32,876/-
PW1/E/[colly]- Immovable property:
S.No.
Name of deceased
Details
Value [Rs.]
1.
Late Mr. Shyam
Sunder Sood & Late Ms. Mamta Sood
NBCC Heights, Phase II, Sector 89,
Gurugram [earlier known as Gurgaon]-122 201, Haryana
85,07,555/-
The petitioner would also be at liberty to administer and claim any other or further moveable properties/assets and/or immoveable properties/assets, including shares of the deceased, not mentioned hereinabove and which may be found existing in the name/s of the deceased at any later point of time, and further to do/conduct all such and every act/s to the best of her ability in any manner whatsoever and whensoever.
The Letters of Administration be issued to the petitioner/Bhavana Sood, subject to the requisite court fees/stamp duty being furnished in accordance with the valuation report and upon submission of the administration bond and surety, in accordance with law, to the satisfaction of the Registrar General of this Court.
Matter be listed before the Registrar General for payment of requisite court fees/stamp duty in respect of the abovementioned immovable and movable property of the deceased and for acceptance of the administration bond and surety bond on 13th September, 2021.
The order be uploaded on the website forthwith.