R K SHARMA Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed the present petition under Section 276 of the indian Succession Act, 1925 seeking Letter of Administration in respect of a registered will dated 22-2-1990 executed by his mother, late Smt. Mohani Sharma who expired on 29-4-1999 in Delhi. The husband of the deceased, Smt. Mohani Sharma, Sh. Nar Singh Nath Sharma had predeceased her. She was survived by 7 daughters and 2 sons including the petitioner herein. The names of all the relations of the deceased are indicated at page 11 of the paper book (Ex. PW-1/3 ).

(2.) THE present petition for grant ofletter of Administration was filed on 28-2-2005. Notice in the present petition was issued on 19-7-2005, returnable on 5-9-2005. A citation of the present petition was got published in the newspaper "the Statesman" (New delhi Edition) dated 26-8-2005 and as one of the relations was residing in Pune, a citation was directed to be published in the newspaper, "the Times of India" (Maharashtra Edition ). The publication is, however, not on the record, though it is stated on behalf of the petitioner that necessary steps in this regard were taken, and the said relation had filed her no objection to grant of Letter of Administration.

(3.) AFTER service was effected upon the respondents, they entered appearance. While respondents Nos. 2 to 6 and 9 to 11 gave their consent to grant of Letter of administration in favour of the petitioner by filing their affidavits dated 17-5-2006, respondents Nos. 7 and 8 namely, Mrs. Neelam sharma and Shri Rohit Sharma filed objections. However, during the pendency of the present proceedings, the aforesaid relations withdrew their objections, which was duly recorded in the order dated 4-8-2008.