LAWS(DLH)-2016-7-174

RAJESH SONDHI & ANOTHER Vs. STATE & ANOTHER

Decided On July 12, 2016
Rajesh Sondhi And Another Appellant
V/S
State And Another Respondents

JUDGEMENT

(1.) This is a petition under Sections 276 and 290 of the Indian Succession Act, for grant of Letters of Administration with Will dated 13th October, 1988 of Late Shri Gurdial Singh Panesar in favour of petitioner no.1 subject to payment of Court Fees in respect of property at Village Bissaula as shown in the list of properties at Annexure P -5, even though in the prayer clause it has been stated that the question of lease hold property at Delhi Cantt, may be left open for future as the petitioners are not entitled to it.

(2.) It is suffice to state that the statement was made by petitioner no. 1 during his evidence that the Will dated 13th October, 1988 (Exh.PW1/1) does not cover the property situated at Delhi Cantt and he is not claiming any right or share in the property.

(3.) The case set up by the petitioner no.1 in the petition is that petitioner is a Citizen of India and is a permanent resident of Delhi and managing agricultural farming at Village -Bissaula Pargana, Hastinapur, Tehsil Mawana, District -Meerut (UP). The petitioner no.2 is a HUF, which has been made a party only on the ground that the substantial payments have been made from the HUF to Late Shri Gurdial Singh Panesar in relation to subject property for which Letters of Administration are sought.