Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Misc DJ 311/23
PINKI RANI Vs. STATE AND OTHERS
08.06.2023
Present: Applicant in person alongwith Ld. counsel Shri K.K. Arora.
The present application has been filed under Section 151 CPC
for cancellation of endorsement on the documents of the surety. The present
applicant/surety stood surety for the petitioner in whose favour Letter of
Administration with Will was granted vide judgment dated 04.01.2022. The
Letter of Administration was granted in respect of property 5/50, Old
Rajender Nagar, New Delhi, which was bequeathed to the petitioner i.e.
the daughter of the testator. Since, she became the absolute owner on the
basis of the Will, therefore, she is not under obligation towards anyone to
make a full and true account of the said property and credit and exhibits the
same in the court. Being an absolute owner, she is not answerable to other
LRs in respect to the administration of the said property. The situation
would be different, if the Letter of Administration was given to her to
administer the property for other LRs. She can deal with the property at any
point of time beyond the period of 06 months, which is a mandatory period
under Section 317 of the Indian Succession Act. In such cases, the surety is
also not required because the presence of surety is only to ensure the
compliance of the Letter of Administration to indemnify the other persons,
who suffered loss due to omission and commission of the person, who got
the Letter of Administration.
In the present case, no steps have been taken by the petitioner
to deal with the bequeathed property, however, as noted above she, being
the owner, can deal it in any manner. The inventory is filed, but it does not
show that any steps to dispose of or get it mutated have been taken. It
would thus be seen that the surety can not be held responsible for indefinite
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period of time. Therefore, the surety stands discharged. The Endorsement
on the surety documents stands cancelled.
File be consigned to record room after due compliance.
(Rajesh Malik)
ADJ-06, Central, THC Courts,
Delhi/08.06.2023
v
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