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2007 DAILYLAW 2470 (DEL)

JOGINDER NATH SETH v. STATE

2007-09-28

Sanjay Kishan Kaul

body2007
SANJAY KISHAN KAUL, J. ( 1 ) THE petition has been filed for grant of letters of administration under section 276 and 278 of the Indian Succession Act, 1925 of the last Will and testament dated 21. 10. 1987 of the deceased/testator Sh. Ram Nath Seth. ( 2 ) SH. Ram Nath Seth is stated to be a Hindu by religion. Sh. Ram Nath Seth died on 07. 12. 1987 at his residence at Ashok Vihar, Delhi. His wife Lal Devi died on 21. 07. 1981 and thus pre-deceased him. At the time of his death, the deceased/testator is stated to have survived by three sons and two daughters as mentioned in para 3 of the petition. One other son Sh. Pran Nath Seth, who is stated to be a bachelor, died on 01. 01. 1973 thus pre-deceasing the testator. The petition has been filed by the youngest son of the deceased/testator and it is stated that the testator had been living with the petitioner till his death for about nine years. ( 3 ) THE petitioner is the only residuary legatee under the Will. The petitioner is the beneficiary of Flat No. D/43, Cooperative Housing Society, Plot no. 107-G, Hill Road, Bandra (W), Mumbai and one office situated at Mota Market, mumbai. ( 4 ) THE petition was contested by respondent no. 3 Sh. Brij Nath Seth, who is stated to be in possession of the said properties. These objections were, however, withdrawn vide IA No. 7956/2007. Thus the petition is uncontested. ( 5 ) THE Original Will has been filed on record, execution of which was witnessed by Ms. Brij Rani Mehra, daughter of the testator and the second witness is mr. Kedar Nath Seth, who is the son of the testator. Affidavit by way of evidence of Mr. Kedar Nath Seth has been filed as Expw1/a. In the affidavit, it has been stated that the Original Will (Expw1/1) was signed in the presence of the said witness by the testator as also by the first witness late Smt. Brij rani Mehra, sister of Mr. Kedar Nath Seth and in the presence of each other. The witness has identified the signatures of the executor/testator as also of the first attesting witness. The death certificate of the executor has been proved as Expw1/2. Kedar Nath Seth and in the presence of each other. The witness has identified the signatures of the executor/testator as also of the first attesting witness. The death certificate of the executor has been proved as Expw1/2. The aforesaid petition is thus un-contested, but it may be noticed that the report has not been received from the Chief Revenue Controlling authority, Mumbai. ( 6 ) IN view of the aforesaid and their being no impediment to such grant, the petitioner is granted letters of administration in respect of the last Will and testament of the deceased/testator Mr. Ram Nath Seth dated 21. 10. 1987 (Expw1/1 ). Letters of administration will, however, be issued on the requisite stamp paper being filed by the petitioner after obtaining a report from the Chief Revenue controlling Authority, Mumbai. ( 7 ) PETITION stands allowed leaving the parties to bear their own costs. ( 8 ) THE aforesaid matter was an ex-parte matter which, however, does not imply that the counsel for the petitioner owes no obligation to assist the Court. I am constrained to observe as this order has been dictated without any assistance from the counsel who did not even have a copy of the petition with him. ( 9 ) LIST before the Joint Registrar for further proceedings on 20. 11. 2007.