Mrs. Meena prasad vs State and Others

A.K. Pathak, J.—By this petition under Sections 270/272 of the Indian Succession Act, 1925 (for short hereinafter referred to as "the Act"), Petitioner seeks issuance of Letter of Administration pertaining to moveable and immoveable properties left behind by Late Shri Madan Prasad (hereinafter referred to as "deceased"), more particularly described in Annexures "A" & "B" to the petition.

Petitioner is widow; whereas Respondent Nos. 2 and 3 are daughter and son of deceased. In fact, deceased went missing about 10 years ago. A missing report was filed with the Station House Officer, Police Station Vasant Kunj on 19th May, 2001. However, whereabouts of deceased could not be located by the police.

Station House Officer filed untraced report on 21st May, 2008. Petitioner filed a suit for declaration in the court of JSCC-cum-ASCJ-cum-Guardian Judge (South), Patiala House Courts, New Delhi praying therein that Shri Madan Prasad be declared as dead since nothing was heard about him for more than seven years. Suit was decreed by the Court on 24th April, 2009. A certified copy of the judgment has been placed on record.

Pursuant to the notice issued by this Court, Respondent Nos. 2 and 3 entered appearance in Court and filed reply/no objections stating therein that they had no objection in case Letter of Administration pertaining to the moveable and immoveable properties of deceased was granted to their mother, that is, Petitioner. Respondent Nos. 2 and 3 have also filed their respective affidavits in support of their reply/no objections.

Petitioner has filed an affidavit categorically stating therein that she was married to Shri Madan Prasad, son of Shri Barmeshwar Prasad on 27th June, 1971 at Gaya in Bihar; from their wedlock two children, namely Ms. Vasundhra Prasad (Respondent No. 2) and Dr. Barmeshwar Vikaramaditiya (Respondent No. 3) were born. She has categorically deposed that there are no other legal heirs of Late Shri Madan Prasad except Respondent Nos. 2 and 3. Respondent Nos. 2 and 3 have not disputed this fact.

Citation was published in the newspaper "The Statesman" (English edition) and has been placed on record.

As regards, Delhi property bearing Flat No. 2215, Sector - C, Pocket - 2, Vasant Kunj, New Delhi is concerned, valuation report has been submitted by the Tehsildar, Vasant Vihar, which is on record. As per this report, value of the property is Rs. 35 lacs. However, valuation report of the property of Jharkhand is not clear and is ambiguous.

In the above facts, I do not find any impediment in granting the Letter of Administration in favour of Petitioner, inasmuch as, other two legal heirs, i.e. children of deceased have given no objection for grant of Letter of Administration to their mother, i.e., the Petitioner. Accordingly, it is ordered that "Letter of Administration" be issued in favour of the Petitioner subject to her furnishing valuation report of Jharkhand property, requisite Court fees and administrative bond with one surety to the satisfaction of Registrar (Original).

Petition is disposed of in the above terms.