SUNIL SETHI Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers:-

(2.) It is the case of the petitioner that his brother Sanjeve Sethi (hereinafter referred to as "late brother") had passed away on April 25, 2019 at Galaxy Hospital, Xelpem Duler, Mapusa, Goa from cancer. His late brother's permanent place of abode was at New Delhi at the family home G-9, South Extension, Part-II, New Delhi- 110049. A copy of the death certificate has been exhibited as Ex.PW1/1. That his late brother was unmarried and died intestate. His late brother had no Class-I legal heir as specified in Schedule to the Hindu Succession Act, 1956. It is the petitioner's case that his parents died much prior to the death of his late brother. It is also stated that he was the only sibling of his late brother and only surviving legal Class-II heir depicted in Schedule A, exhibited as Ex.PW1/5.

(3.) It is his case that his late father Jagjit Rai Sethi passed away on August 12, 1984 (Ex. PW1/6). Even his mother Pushpa Sethi passed away on August 17, 2004 (Ex. PW1/7). His mother left behind a Will dated July 27, 2001 (Ex. PW1/8) wherein her entire estate was bequeathed between the petitioner, his late brother and petitioner's daughter as specifically nominated by her in the records. The bonds and shares which have no nominee specified was bequeathed by her in favour of the petitioner and his late brother. His mother further desired that the moveable valuable/articles lying at the Ground Floor of her residential house G-9, South Extension, Part II, New Delhi to be equally divided by her sons and daughter in law. It is the case of the petitioner that his late brother, on November 16, 2016, with an intention to get the family house at G- 9, South Extension Part II, New Delhi redeveloped/reconstructed, executed a Special Power of Attorney in favor of the petitioner, exhibited as Ex. PW1/9. Accordingly, the petitioner entered into a collaboration agreement (Ex. PW1/10) with a builder M/s Shruti and Siddharth Constructions Pvt. Limited for getting their house at G-9, South Extension, Part II, New Delhi redeveloped / reconstructed on the terms and conditions specified in the aforesaid agreement. The same is presently under construction and the allocation of the property is as under:-