MEENA PRASAD Vs. STATE

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.