SHUBHRA SINGHAL Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS petition under Section 278 of the Indian Succession Act, 1925 seeks Letters of Administration to the properties of late Sh. Vinayak Kumar Marwah who died on 29th December, 2009. The petitioner and the respondent No. 3 Ms. Shweta Bhatnagar are the daughters of the deceased from his first marriage. The respondent No. 2 Mrs. Madhubala Marwah is the second wife of the deceased. Notice of the petition was issued (citation was not ordered) on 10th August, 2010 and vide the very next order dated 12th August, 2010 on the appearance of the counsel for the respondents, the parties were referred to mediation and also directed to maintain status quo in respect of the properties mentioned in Schedule A to the petition. Mediation has been unsuccessful. Respondent No. 3 who is the sister of the petitioner, has not opposed the petition.

(2.) OBJECTIONS have been filed by the respondent No. 2 to the effect:

(3.) ON 8th May, 2013, besides this petition Execution Petition No. 125/2010 filed by the petitioner and the respondent No. 3 seeking execution of the consent decree in the suit earlier filed by the petitioner and the respondent No. 3 against the deceased as well as CCP(O) No. 29/2011 in this Testamentary Case were also listed and which were disposed of. It was noticed on that date that more than three rounds of mediation attempted had failed. Attempt at reconciliation was made on that date also but no settlement could be arrived at. Finding the relationship between the parties to be acrimonious and contentious, it was enquired from the counsel for the petitioner on that date as to how the remedy of Letters of Administration is the appropriate remedy and it was prima facie observed that a suit for partition would be a more appropriate remedy as Letters of Administration could not be granted to one heir who is inimical to others.