RAGHUBIR SINGH Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 278 of The Indian Succession Act, 1925 seeking Letters of Administration to the estate of Shri Pradeep Singh, S/o Shri Balbir Singh, R/o M-71, Greater Kailash ­ 1 (Market), New Delhi ­ 110048 who is stated to have died intestate on 10 th November, 2005 leaving behind his mother Mrs. Swaran Kaur, his widow Mrs. Amarjit Kaur and two sons i.e. the petitioner and Shri Jasmeet Singh, as his only legal heirs. The estate qua which Letters of Administration are sought is stated to comprise only of House No.LIG-5237 EF, Patiala.

(2.) NOTICE of the petition was issued to the State through the Standing Counsel, to "respondent no.2 and respondent no.3" and also to Chief Revenue Controlling Authority, Patiala for submission of valuation report qua the estate of the deceased. Publication was also directed to be made in the newspaper "Punjab Kesari" Patiala edition. The order sheet dated 18th November, 2008 records that publication had been effected and citation thereof had been received in the Court and that the respondent no.1 State and the respondent no.2 Ms. Amarjit Kaur had been served but none had appeared on their behalf, fresh notices were issued to the Chief Revenue Controlling Authority, Patiala as well as other respondents. The order sheet dated 24th March, 2009 records that "all the respondents" had been served and none had appeared on their behalf. Subsequently, the report of the Chief Revenue Controlling Authority, Patiala was already received, as noted in the order dated 20th May, 2011. Finding that no objections had been received to the petition inspite of service, vide order dated 23 rd August, 2011 the petitioner was permitted to lead evidence on affidavits before the Joint Registrar.

(3.) THE counsel for the petitioner has been heard.