Final Order 9

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. DEEPAK DABAS
DISTRICT JUDGE (NORTH-01), ROHINI COURTS
DELHI
PC No. 12/2023
1. Smt. Harsha Chopra,
W/o Late Sh. Dheeraj Chopra,
2. Master Garv Chopra,
S/o Late Sh. Dheeraj Chopra,
(through mother/natural guardian i.e.
Smt. Harsha Chopra).
3. Miss. Sana Chopra,
D/o Late Sh. Dheeraj Chopra,
(through mother/natural guardian i.e.
Smt. Harsha Chopra).
All Residents Of :-
H. No. 15, 2nd Floor, Block-F,
Prashant Vihar, Rohini, Sector-14,
North-West, Delhi.
…. Petitioner(s)
Versus
1. The State,
Govt. of NCT of Delhi.
2. The Manager,
HDFC Bank, North Ex.,
Sector-9, Rohini, Delhi
….Respondent(s)
Date of Institution : 22.03.2023
Date of hearing of arguments : 07.05.2024
Date of Order : 09.05.2024
PETITION U/S 278 OF THE INDIAN SUCCESSION ACT, 1925
FOR GRANT OF LETTER OF ADMINISTRATION
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PC No. 12/2023 Harsha Chopra & Ors. Vs. The State & Anr. Page 1 of 6
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JUDGMENT
1. Petitioners have filed the present petition u/s
278 of The Indian Succession Act, 1925 for grant of Letter
of Administration in respect of bank locker i.e. Locker No-119
with HDFC Bank, North Ex. Rohini Sector-9, Delhi in
their favour. According to petitioners, the said locker is in
the name of Late Sh. Dheeraj Chopra i.e. husband of
P-1/Harsha Chopra as well as father of P-2/Garv Chopra
and P-3/Sana Chopra.
2. In the petition, petitioners have stated that Sh.
M.L. Chopra i.e. father of Late Sh. Dheeraj Chopra had
already expired on 24.06.2005 and Smt. Kamlesh Chopra
i.e. mother of Late Sh. Dheeraj Chopra had already
expired on 07.01.2013. Sh. Dheeraj Chopra had also
expired intestate on 18.02.2023 leaving behind three legal
heirs i.e. (i) P-1/Harsha Chopra (wife); (ii) P-2/Garv
Chopra (son); and (iii) P-3/Sana Chopra (daughter).
3. After receiving the petition, the notice of
same was issued to The State as well as to the general
public and publication was made in English daily
newspaper, namely, “The Statesman”, dated 02.06.2023
and also in newspaper, namely, “Veer Arjun”, dated
07.06.2023.
4. To prove the contents of the petition, the
petitioner no-1 entered into witness box and examined
herself as PW-1 and tendered her evidence by way of
affidavit i.e. Ex PW-1/1, bearing her signature at points-A
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& B. The petitioner has also relied upon the following
documents :-
i. Copy of Aadhar Card of petitioner i.e. Ex PW-1/1;
ii. Copy of birth certificates of P-2/Garv Chopra and
P-3/Sana Chopra i.e. Ex PW-1/2 & Ex PW-1/3;
iii. Copy of Aadhar Card of Late Sh. Dheeraj Chopra
i.e. Ex PW-1/4;
iv. Copy of death certificate of Late Sh. Dheeraj
Chopra i.e. Ex PW-1/5; and
v. Copy of death certificates of parents in laws of P-1
i.e. Ex PW-1/5A and Ex PW-1/5B.
5. It is pertinent to mention that D.O.B. of
P-3/Sana Chopra is 28.01.2006 and she had attained
majority on 28.01.2024. P-3/Sana Chopra has been
examined as PW-2. PW-2 tendered her evidence by way of
affidavit i.e. Ex PW-2/A, bearing her signature at points-A
& B.
6. Vide order dated 27.03.2023, Sh. Rahul
Kumar, Advocate, Enrl. No. D/4301/15, Chamber No.
1209, Lawyers Chamber, Rohini Court Complex, Near
Madhuban Chowk, Rohini, Delhi, Mobile No.
09650739854 & 08755573028 was appointed as Local
Commissioner with directions to visit/inspect the
concerned bank as well as the Locker No-119 with HDFC
Bank, North Ex. Rohini Sector-9, Delhi. Local
Commissioner visited the said bank on 11.04.2023 and
opened the said locker in the presence of petitioner no-1
i.e. Harsha Chopra, Valuer and Manager SBI. After
opening the said locker, Local Commissioner had prepared
an inventory and the valuer had also assessed the value of
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the articles lying in the said locker to be Rs.12,20,305/-
only (gold, diamond as well as silver).
7. I have heard arguments from both the sides
and have perused the record carefully.
8. Before proceeding further, it would be
appropriate to refer the provisions of the Section 278 of
the Act, which is as follows :-
“278. Petition for letters of administration –
(1) Application for letters of administration shall be made
by petitioner distinctly written as aforesaid and stating –
(a) the time and place of the deceased’s death;
(b) the family of other relatives of the deceased,
and their respective residences;
(c) the right in which the petitioner claims;
(d) the amount of assets which are likely to come
to the petitioner’s hands;
(e) when the application is to the District Judge
that the deceased at the time of his death had a
fixed place of abode, or had some property
situated within the jurisdiction of the judge;
and
(f) when the application is to be a District
Delegate, that the deceased at the time of his
death had a fixed place of abode within the
jurisdiction of such Delegate
(2) Where the application is to the District Judge and any
portion of the assets likely to come to the petitioner’s hands is
situated in another State, the petition shall further state the
amount of such assets in each State and the District Judges
within whose jurisdiction such assets are situated.”
9. In the present case, notice to general public was
given by way of publication in the in English daily
newspaper, namely, “The Statesman”, dated 02.06.2023
and also in newspaper, namely, “Veer Arjun”, dated
07.06.2023. In spite of it, no public person has come
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forward to make/raise any objection in respect of prayer
made by the petitioner in the present petition. Late Sh.
Dheeraj Chopra was husband of P-1/Harsha Chopra as
well as father of P-2/Garv Chopra and P-3/Sana Chopra.
Petitioner has proved that the Locker No- 119 in aforesaid
bank is in the name of Late Sh. Dheeraj Chopra. Sh. M.L.
Chopra i.e. father of Late Sh. Dheeraj Chopra had already
expired on 24.06.2005 and Smt. Kamlesh Chopra i.e.
mother of Late Sh. Dheeraj Chopra had already expired on
07.01.2013. Sh. Dheeraj Chopra had also expired
intestate on 18.02.2023, leaving behind three legal heirs
i.e. (i) P-1/Harsha Chopra (wife); (ii) P-2/Garv Chopra
(son); and (iii) P-3/Sana Chopra (daughter).
10. Keeping in view the aforesaid facts and
circumstances, I am of the considered view that there is no
impediment in grant of Letter of Administration in favour
of petitioner no-1.
11. Therefore, the present petition is hereby
allowed and it is ordered that Letters of Administration be
issued/granted in favour of petitioner no-1 in respect of
locker No- 119 with HDFC Bank, North Ex. Rohini
Sector-9, Delhi.
12. The Letter of Administration shall be issued
subject to furnishing by petitioner no-1, the requisite court
fees, administration bond and one surety bond to the
satisfaction of the court. The valuation shall be based on
the basis of value assessed by the Government approved
valuer for jewelery.
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13. Accordingly, the present petition stands
allowed and disposed of. File be consigned to record
Room after necessary compliance.
Announced in the open court
on 9th day of May 2024
(Deepak Dabas)
District Judge-01/North
Rohini Courts/Delhi
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