GEETIKA VERMA Vs. STATE

JUDGEMENT

(1.) The abovementioned application has been filed by the petitioner under Section 151 CPC seeking certain directions to the effect that the Registry be asked to accept personal bond instead of Administration Bond with one surety. The facts of the matter are that the above said probate petition was disposed of on 27th March, 2014. The probate of the Will dated 14th October, 1996 was granted. The Registry issued the letter dated 5th April, 2014 directing the petitioner to file Administrative Bond with one surety. The petitioner was also called upon to give valuation of the property as well as that of movable assets.

(2.) The valuation report has already been filed. As regards the requirement of Administrative Bond, the learned counsel for the petitioner submits that the Will dated 14th October, 1996 specifically states that the beneficiary will not be required to furnish security, surety bond with regard to the grant of probate/Letters of Administration. It is argued by the learned counsel that the Registry cannot ask the petitioner to furnish administration/surety bond for administration of estate bequeathed to her in view of Section 291 of the Indian Succession Act, 1925.

(3.) Admittedly, the petitioner has submitted the valuation report from the competent Authority. In the affidavit filed, it has come on record that there are no movable assets left by the deceased Ms.Urmilla Devi. The Schedule-A of the affidavit also mentioned only the immovable property bearing Flat No.12-A, Ground Floor, LIG, DDA Flats, Tamoor Nagar, New Delhi-110065.