RICHA PARDESHI Vs. STATE

JUDGEMENT

(1.) By way of the present petition filed by the petitioner under Sections 270, 278 and 300 of Indian Succession Act, 1925, the petitioner seeks grant of Letters of Administration of the estate of the deceased, late Sh. Gian Parkash Kapur, being his daughter. The deceased, Sh. Gian Parkash Kapur, son of late Sh.Ajudhia Parshad Kapur expired on 16.04.2006. At the time of his demise, he was residing at his own flat situated at S-473, Flat No.3 (Ground Floor Rear Portion), Greater Kailash, Part-II, New Delhi-110048. The said flat was purchased by late Sh. Gian Parkash Kapur out of his own funds and constituted his self acquired property. The flat was purchased from Smt.Asha Kapur wife of Sh.M.M. Kapur vide Sale Deed dated 19.03.1993 registered with Sub-Registrar III for a sum of Rs.8,00,000/- and since then till the time of his death, late Sh. Gian Parkash Kapur and the petitioner, Smt. Richa Pardeshi were living in the same.

(2.) The mother of the petitioner, Smt. Achla Kapur, that is, wife of Sh. Gian Parkash Kapur, pre-deceased him leaving behind the petitioner and son of the deceased, namely, Sh. Rajesh Kapur and late Sh. Gian Parkash Kapur. The son of late Sh. Gian Parkash Kapur and the brother of the petitioner also died on 14.07.2001 and, thus, pre-deceased late Sh. Gian Parkash Kapur. Thus, the petitioner is the only surviving legal heir of the deceased as per the Hindu Succession Act, who remained unmarried till the death of the deceased. The petitioner asserts that to the best of her belief, the deceased has left no Will or testament to his estate and, thus, she being the only surviving member of the family, is entitled to the estate of the deceased and there is no impediment to the grant of Letters of Administration in her favour. It is also submitted that the petitioner is in complete physical possession of the immovable property mentioned in Schedule B to the petition. The petitioner is, thus, entitled to have the property transferred/mutated in her favour.

(3.) Notice of the institution of the petition was issued to the respondent-State and orders passed for publication of citation in the daily, "The Statesman" which was duly published on 15.12.2010. A valuation report was also called for from the Revenue Controlling Authority of the Government of NCT of Delhi.