MENAKA GANDHI Vs. INDIRA GANDHI

JUDGEMENT

(1.) Yesterday morning we dismissed this appeal by a. short order slating that we will give our reasons later as there were several other admission matters which had still to be taken up for consider- ation and it would not have been appropriate to keep the counsel and the parties waiting in those cases. We now proceed to give our reasons as to why we found no force in the appeal and dismissed it in limine.

(2.) This appeal under Clause X of the letters patent of the Punjab High Court, as applicable to this court, is directed against the judgment of a learned Single Judge of this court, who dismissed the appeal filed by the appellant (F.A.O. N.) 74 of 1984) affirming the order of the District Judge, Delhi, in a petition filed by the appellant under Section 278 of the Indian Succession Act. The District Judge, Delhi had by his judgement directed that letters of Administration shall be issued to the appellant subject to certain directions. The directions issued, inter alia, indicated that the estate of late Shri Sanjay Gandhi in regard to which Letters of Administration was sought was divisible in three equal parts, one part going to the appellant, the second part to the son of the deceased and the third, though going to the deceased's mother, was to be transferred.in the name of the son of the deceased as that l/3rd share was relinquished by the deceased's mother in favour oF her grandson. The District Judge had come to the conclusion that the deceased had died interstate and, therefore, his estate was to devolve on his heirs in accordance with the provisions of the Hindu Succession Act. The only three heirs were held to be, as aforesaid the widow of the deceased, the son of the deceased and the mother of the deceased.

(3.) Aggrieved against this judgment the appellant had preferred an appeal to this court which was disposed of by the learned Single Judge, who as noticed earlier, upheld the view taken by the District Judge. Hence the present appeal.