PROMILA SHARMA Vs. STATE & ORS

JUDGEMENT

(1.) The present testamentary petition has been filed by Smt. Promila Sharma. Letters of administration are sought in respect of the estate of late Smt. Usha Rani Sharma. The Estate consists of immovable property bearing No.A-09, Delhi School Teacher Cooperative House Building Society, Surajmal Vihar, Delhi-110092 measuring 154.963 square yards. Initially vide order dated 24th September, 2014, this Court had directed the parties to maintain status quo with regard to title and possession of the property.

(2.) In the petition, the various LRs of late Smt. Usha Rani Sharma have been impleaded as Respondent Nos. 2 to 6. Respondent No.7, Mr. R.K. Bhardwaj is a person who claims to be a nominee of the deceased in the Group Housing Society. The affidavits given by the deceased in his favour have been relied upon by him and the said Respondent No.7 had preferred Testamentary Case No. PC No. 25/13. He claimed that since he was the nominee of the deceased in the Society, he was entitled to letters of administration in respect of the said property. The said petition was transferred and tagged along with the present TEST.CAS. 61/2014 vide order dated 11th December, 2015.

(3.) The present petition is preferred by Smt. Promila Sharma who is the sister of the deceased. During the pendency of the present petition, Smt. Promila Sharma expired and her LRs were brought on record vide order dated 28th January, 2015. Respondent Nos. 8 to 11 were impleaded in this petition as they were the Respondents in the petition filed by Mr. R.K. Bhardwaj, Respondent No.7. As per the Petitioner, the legal heirs who are entitled to a share in the Estate of the deceased are as under: -