RATANLAL GOBINDRAM Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 278 of Indian Succession Act for grant of Letters of Administration in respect of 4.68% share in Latif Villa, No.l29- A, Main Road, (Dadasaheb Phalke Road), F-Ward, 790(3), 790(3A), C.S. No.65, Niagaum Division, Dadar, Bombay owned by late Mr. Gobindram Hassaram. Notice of the petition was published in the Indian Express' (New Delhi Edition) on 4th April, 1990. Notice was also issued to Chief Revenue Controlling Authority and Counsel for the State.

(2.) No objections have been filed. The petitioners, the relatives of the said deceased have also proved the death of Mr. Govind Ram Hassaram and Special Death Certificate showing the date of death as 20th December, 1972 and the place of death as B-94, Greater Kailash, New Delhi is Ex. P-l. The said place of death is stated to be ordinary place of residence of the deceased at the time of the death and the same is within the territorial jurisdiction of this Court. The petitioners have also proved that during the pendency of the petitioner their mother Mrs. Kalawati Gobindram, who was petitioner No. 2 died on 26.11.91 leaving behind two sons and two daughters i.e. petitioners No. I and 3 to 5 as her only legal heirs. It may also be pointed out here that vide order dated 27.2.92, the name of the petitioner was ordered to be struck off from the array of the petitioners.

(3.) In support of the contents of the petition, Shri Rattanlal Gobindram, petitioner No.l, has filed his affidavit stating therein that late Shri Gobindram Hassaram was his father and was permanent residence of B-92, Greater Kailash-ll, New Delhi and he died on 20th December, 1992. He has further stated in his affidavit that his mother Mrs. Kalawati Gobindram, who was the petitioner No. 2 died on 26.11.91. It has further been stated in his affidavit that late Shri Gobindram Hassaram had left no Will and the petitioner had applied for Letters of Administration in respect of his 4.68% share in the property mentioned hereinabove. It has also been stated in this affidavit that the statutory citation was published in the newspaper 'Indian Express' and no objection was received from the public and that no petition was made earlier in respect of immoveable property mentioned hereinabove.