ANITA CHOPRA & ANR Vs. STATE

JUDGEMENT

(1.) THE aforesaid petition seeking Letters of Administration of the Will of Smt. Sarojini Kochhar dated 01.09.2006 has been filed by the petitioners, who are the daughters and only legal heirs of late Smt. Sarojini Kochhar. The facts relevant for the disposal of the present petition are that the deceased, at the time of her death on 6th March, 2007, left behind movable and immovable properties including property No. D -46, Panchsheel Enclave, New Delhi and the contents of Locker bearing No.B -578 in Standard Chartered Bank, Greater Kailash -I Branch, New Delhi. The deceased, vide her Will dated 01.09.2006, bequeathed all her assets equally between her two daughters, that is, Smt. Anita Chopra and Smt. Madhu Ahluwalia, the petitioners herein. The petitioners assert that all the assets left behind by the deceased including property No. D -47, Panchsheel Enclave, New Delhi have been dealt with by the petitioners jointly, except for the contents of the Locker bearing No.B -578 in Standard Chartered Bank, Greater Kailash -I Branch, New Delhi. The petitioners accordingly seek Letters of Administration in respect of the contents of the said locker.

(2.) IT may be noted at this juncture that the petitioners had filed Case No. 98 of 2008 in the Court of the Administrative Sub -Judge, Delhi seeking grant of a Succession Certificate under Section 372 of the Indian Succession Act. In the said petition seeking a Succession Certificate, a Local Commissioner was appointed to prepare an inventory of the articles lying in the Locker bearing No.B -578 in Standard Chartered Bank, Greater Kailash -I Branch, New Delhi. A copy of the said order dated 5th February, 2008 is annexed with the petition as also the report of the Local Commissioner dated 3rd March, 2008 stating that a total sum of Rs.37,00,000/ - (Rupees thirty seven lakhs only) in currency notes was lying in the said locker.

(3.) NOTICE of the institution of the petition was issued by way of publication of citation in the Delhi Edition of the "Statesman" dated 2nd February, 2012, but none appeared to oppose the grant of Letters of Administration to the petitioners, claimed to be the only legal heirs of the deceased, Smt. Sarojini Kochhar.