MOHD KHAN NASIR Vs. STATE

JUDGEMENT

(1.) THESE are three testamentary cases bearing No. TEST CAS No. 29/1980, TEST CAS No. 48/1995 and TEST CAS No. 94/1985. THESE petitions were filed for grant of letters of Administration to the petitioner in respect of the Estate of Late Shri N. Ramakrishnan, S/O Late Shri Narayan. Late Shri N. Ramakrishnan died intestate on 21.11.1978 at H-39, South Extension, Part-I, New Delhi. He died leaving behind the properties specified in the Annexures to the petitions. The petitioner has also moved an affidavit by way of evidence in the petitions. In these cases, the petitioner is the same as well as the respondents. Respondent No.2 is the sister of the petitioner and she has not objected to the grant of letters of Administration in favour of the petitioner. One Mrs. Shymala Jayaraman (Respondent No.3) had initially objected to the grant of letters of Administration to the petitioner. However, it is indicated by the learned counsel appearing for the petitioner that the said Mrs. Shymala Jayaraman passed away on 15.7.1998 and thereafter an application had been moved for bringing her LRs on record which also has been disposed of. The LRs were brought on record by order dated 6.10.1999 and the amended memo of parties has been filed. However, those LRs of the deceased respondent No.3 did not enter appearance despite service of notice. In this view of the matter, as at present there is no objection pending to the grant of letters of Administration in favour of the petitioner in respect of the Estate of Late Shri N. Ramakrishnan. That being the case and after considering the evidence on record as well as the submission made by the learned counsel for the parties, I feel that these petitions ought to be allowed. Accordingly, it is directed that the letters of Administration be granted in favour of the petitioner in these cases subject to his furnishing the bond for Administration and completing other formalities as usual.

(2.) THESE petitions as well as the pending applications stand disposed of.