RAHUL TYAGI Vs. STATE

JUDGEMENT

(1.) THIS first appeal under Section 299 of the Indian Succession Act, 1925 is filed against the judgment of the probate court below dated 1.6.2012 by which the petition filed by the appellants herein for letters of administration in respect of the properties of their mother was dismissed. The subject properties are bearing nos.E -287, (Ground Floor & Basement), East of Kailash, New Delhi and 10 -C, 2nd Floor, B -Block, SFS Flats, East of Kailash, New Delhi.

(2.) APPELLANTS /petitioners states that Smt. Bela Tyagi, their mother, died on 9.12.2009 leaving behind two petitioners/appellants who are her son and daughter. It was further the case of the appellants/petitioners that besides the two of them, there were no other legal heirs of the deceased Smt. Bela Tyagi alive on the date of death of Smt. Bela Tyagi. The appellants/petitioners had a sister Ms. Leena Tyagi who had pre -deceased Smt. Bela Tyagi and who had expired on 23.5.2005. Ms. Leena Tyagi was unmarried when she died, and therefore, left no legal heir besides the appellants/petitioners.

(3.) (i) In my opinion, the probate court has really gone on and off tangent for dismissing the petition seeking letters of administration. Firstly, the properties already stood in the name of the mother Smt. Bela Tyagi and consequently the Will of Ms. Leena Tyagi dated 30.4.2005 had already been acted upon and as a result the mother Smt. Bela Tyagi would be the undoubted owner of the suit properties, and consequently the petition seeking letters of administration could not be dismissed on the ground that the mother Smt. Bela Tyagi was not the owner of the properties.