GAJINDER SINGH PARMAR AND ANOTHER Vs. GENERAL PUBLIC

JUDGEMENT

(1.) This is a petition under Section 278 read with Section 300 of the Indian Succession Act, 1925 for grant of letter of Administration/ Probate in favour of the petitioners.

(2.) Petitioner No.1 is son and petitioner No.2 is daughter of late Sh.Jagjeet Singh Parmar, who died on 7.12.2007 at Gurgaon (Haryana). Harinderjeet Kaur Parmar, wife of Jagjeet Singh Parmar also died on 30.9.2004 at Gurgaon. Petitioners claimed that they are entitled to the share of properties left by deceased Jagjeet Singh Parmar and Harinderjeet Kaur Parmar as per details given in Annexure- A and Annexure- B attached with the petition. Annexure- A relates to movable properties of deceased Jagjeet Singh Parmar and Harinderjeet Kaur Parmar, whereas, Annexure-B relates to immovable property which is jointly owned house at 439, Guru Tegh Bahadur Nagar (G.T.B. Nagar), Jalandhar under the membership of H.U.F. M/s Guru Bachan Singh with PAN No. AACHG8630E. Petitioners claimed that their parents have died intestate without executing any testamentary deposition, bequeathing the properties in favour of any one including the petitioners. Petitioners being Class-I heir of the deceased are entitled to the share in the estate of the deceased and therefore, grant of letter of Administration/ Probate is being prayed for.

(3.) Petitioners alleged that their parents had also left behind a safe deposit locker No. 324, which was in their joint names in State Bank of India, B 37/38, 2nd Floor, Cannaught Circus, New Delhi. As petitioners were not aware of the contents of that locker so they filed a declaratory suit with consequential relief of permanent injunction with a prayer that they being the class- I legal heirs of their parents, are entitled to the contents of the locker. The said suit is pending in the High Court at Delhi as the bank locker is situated in State Bank of India, Cannaught Circus, New Delhi, which is within the territorial jurisdiction of Court at Delhi. Petitioners moved an application in the said case for appointment of Local Commissioner to prepare an inventory of the contents of the locker. Since petitioners were not having any key of the said locker, therefore, locker was broken open and the contents were kept in a sealed cover in the custody of the bank. The locker contained jewellery and other articles. Since the properties of the parents of the petitioners are situated at different places, therefore, present petition has been filed. No other proceedings are pending in any Court of law except the suit for declaration and consequent relief of mandatory injunction pending in the High Court of Delhi.