SANTOSH BEHAL Vs. STATE AND ORS.

JUDGEMENT

(1.) The present petition under Sec. 278 of the Indian Succession Act, 1925 has been filed by the petitioner seeking grant of letters of administration in favour of the petitioner in respect of the property being ''Deepak Building '' located at Station Road, Budh Bazar, Moradabad, Uttar Pradesh, which is more specifically described in the Schedule annexed with the petition.

(2.) The petitioner is the wife of late Shri V.N. Behal (hereinafter referred to as the deceased) who died intestate on 27.12.2008. The original death certificate marked as ''Annexure P1 '' of the deceased is on record. At the time of his death, the deceased was a resident of 49, Ring Road, Lajpat Nagar III, New Delhi -110024. The deceased was survived by the following Class I legal heirs:

(3.) It is averred in the petition that the property at Lajpat Nagar, where the petitioner continues to reside till date, was jointly owned by the petitioner and the deceased. Thus, upon his death, his 50% share devolved upon his legal heirs mentioned above, including the petitioner, in equal proportion. Thereafter, by way of the relinquishment deed dated 19.05.2010, respondent Nos. 2 to 6 relinquished their respective rights, interest in the said property situated at 49, Ring Road, Lajpat Nagar III, New Delhi -110024 in favour of the petitioner, making the petitioner, the sole and absolute owner of the said property. The copy of the said relinquishment deed dated 19.05.2010 is marked as ''Annexure P2 ''.