NILANJAN GUPTA Vs. STATE AND ANOTHER

JUDGEMENT

(1.) The petitioner is seeking letters of administration in respect of the estate of his father, Ranjan Kumar Gupta (hereinafter referred to as "Ranjan"), who died intestate on 27th April, 2009.

(2.) The petitioner claims to be the sole Class-I legal heir of his father. The petitioner pleaded that the marriage between his parents was dissolved by a decree of divorce dated 10th December, 1993. According to the petitioner, at the time of death, his father was living with Ms. Maureen Vere, (respondent No.2) a citizen of Trinidad & Tobago, West Indies who claimed to be his father's wife. The petitioner pleaded that respondent No.2 merely lived as a companion with his father but no marriage was solemnized between them.

(3.) Respondent No.2 filed a detailed reply dated 12th April, 2010 to the petition in which she pleaded that she was legally wedded to Ranjan. Respondent no.2 claimed 50% share in the estate of Ranjan, who died intestate. The detailed defense of respondent No.2 in her reply dated 12th April, 2010 is as under:-