SMT. RADHIKA KAPUR Vs. STATE AND OTHERS

JUDGEMENT

(1.) This petition invoking the provisions of Section 278 and 372 of the Indian Succession Act, 1925 prays for grant of letters of administration and / or succession certificate respecting Will dated 14.11.2013 of late Sh. Baijnath Kapur with regard to the estate left behind by him at the time of his death on 17.05.2014. Pertinent to mention at this stage itself that the petition has been instituted by Smt. Radhika Kapoor, daughter-in-law of the deceased testator, she being the wife of his son Anand Kapoor and the sole beneficiary under the Will which has been produced, in the course of inquiry, in original (Ex. PW1/1).

(2.) As per averments in the petition, the testator was a permanent resident of B-6/52, Safdarjung Enclave, New Delhi-110 029. From out of his wedlock with Smt. Pushpa Kapoor, two children statedly took birth, they including the aforementioned son Anand Kapoor and a daughter Veena Nagpal, each of whom has been impleaded as third and second respondents respectively in these proceedings. Smt. Pushpa Kapoor, wife of the testator statedly died on 23.12.2010 intestate, thus, pre-deceasing him.

(3.) It has been pleaded that both Smt. Pushpa Kapoor and Sh. Baijnath Kapur were owners of a number of assets including in the nature of fixed deposit receipts (FDRs), bank accounts, shares and debentures, held individually or jointly, the FDRs and bank accounts having been maintained on "either or survivor" basis. As per the petition, upon the death of Smt. Pushpa Kapoor, the testator, her husband, became the sole owner of all the said immovable assets.