VIRENDRA KUMAR MATHUR Vs. STATE

JUDGEMENT

(1.) The petitioner had approached the court of District & Sessions Judge with petition (registered as probate case no.14/2015 - later 78/2016) praying for grant of letters of administration in respect of the estate of late Dr. (Mrs.) Usha Mathur, wife of Late Sh. Satish Saxena, daughter of late Mr. Shiam Narain Mathur, the estate particularly including a residential property described as flat bearing no.K-103, Shree Ganesh Apartments, 93, Patparganj, Delhi.

(2.) Besides the first respondent / State, the other possible claimants / legal heirs of the deceased Mrs. Usha Mathur were shown in the fray as second to seventh respondents. It is stated that the petitioner (now the appellant) is one of the four brothers of late Mrs. Usha Mathur. Two of the other brothers were shown in the array as second and third respondents, the fourth brother Madhujai Vachaspati having predeceased her. It is also stated that besides these, Mrs. Usha Mathur had one more sibling, a sister, who also had pre-deceased her, her children having been impleaded as fourth to sixth respondents. Besides this, the seventh respondent Sangita Lall, daughter of the third respondent was also impleaded for reasons which would be clear from the narration hereinafter, she indisputably not being in the normal line of succession.

(3.) The petitioner / appellant had pleaded that late Mrs. Usha Mathur had died intestate, she having left behind no other relatives as successors.