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Shri Sachin Sharma vs The State on 12 September, 2019

IN THE COURT OF SHRI VISHAL SINGH, ADDITIONAL
DISTRICT JUDGE ­06: CENTRAL DISTRICT, TIS HAZARI
COURTS, DELHI

PC No. 42263/16

IN THE MATTER OF:­

Shri Sachin Sharma
S/o Late Smt. Sunita Sharma
R/o 4782/23, Third Floor,
Ansari Road, Darya Ganj,
New Delhi­110002.
……….PETITIONER
VERSUS
1. The State
(Govt. of NCT) Delhi

2. Shri Satya Parkash Sharma
S/o Late Shri Gajanand Sharma

3. Shri Sanjay Sharma
S/o Late Shri Gajanand Sharma

4. Smt. Mewa Devi
W/o Late Sh. Gajanand Sharma

All Resident Of:

4782/23, Second Floor,
Ansari Road, Darya Ganj,
New Delhi­110002.
…..RESPONDENTS

PC No. 42263/16, Sachin Sharma Vs. State Ors. Page No.1/8
Other Details :

Date of Institution : 03.10.2012
Date of Reserving Judgment : 27.08.2019
Date of Judgment : 12.09.2019

PETITION UNDER SECTION 278, INDIAN SUCCESSION
ACT, 1925 FOR GRANT OF LETTERS OF
ADMINISTRATION

JUDGMENT

1(a) Concisely, the facts of the case are that Smt. Sunita

Sharma W/o Late Shri Arun Kumar Sharma died intestate on

19.09.2011 leaving behind self acquired following immovable

properties, as per Schedule ‘A’ annexed to the petition:­

S.No. Details of property

(a) H.No.4782/23, Second Floor Third Floor, Ansari Road,
Darya Ganj, New Delhi­110002.

(b) One Guest House running under the name and style of
“Shivam Guest House” situated at 3, Katra Baryan, Fateh
Puri, Delhi­110006.

(c) H.No. 975, Bhojpura, Maliwara, Chandni Chowk, Delhi­

PC No. 42263/16, Sachin Sharma Vs. State Ors. Page No.2/8
110006.

1(b) The petitioner has pleaded that he is adopted son of

Late Smt. Sunita Sharma vide registered adoption deed dated

28.12.1990 and is her only legal heir.

The petitioner has prayed for grant of Letters of

Administration with respect to estate of Late Smt. Sunita Sharma.

2. Respondents no. 2 to 4 filed their joint objection to

the petition and inter alia contended that the petitioner is entitled to

the relief as per last Will of Late Smt. Sunita Sharma and which

matter is subjudice before the court of Ld. ACJ, Delhi.

3. The petitioner filed reply to the objection filed on

behalf of respondents no. 2 to 4 wherein he reiterated and

reaffirmed the averments made by him in the plaint and vehemently

denied the execution of any Will by Late Smt. Sunita Sharma

during her lifetime.

PC No. 42263/16, Sachin Sharma Vs. State Ors. Page No.3/8

4. On the basis of pleadings of the parties, the

following issues were framed vide order dated 26.07.2016:­

1. Whether the petitioner is entitled to grant of Letters

of Administration in respect of estate left behind by

deceased Smt. Sunita Sharma in the manner

averred in the petition? OPP.

2. Whether the deceased Smt. Sunita Sharma had

executed the Will dated 22.02.2011 as averred by

the respondents? OPR.

3. Relief.

3. Before petitioner was enjoined to lead evidence in

support of his petition, respondents settled the matter with him and

gave the joint statement dated 20.12.2017 of withdrawal of their

objections to the petition. In view of statement of the respondents,

the present case was tried as non­contentious case.

PC No. 42263/16, Sachin Sharma Vs. State Ors. Page No.4/8

4. In support of his case, petitioner tendered his

affidavit of evidence Ex.PW1/A wherein he reiterated the

averments as made by him in the petition. He proved the

following documents:­

a) Copy of death certificate of Smt. Sunita Sharma as

Mark A.

b) Copy of Adoption Deed dated 28.12.1990 as

Ex.PW1/2 (OSR).

c) Copy of Sale Deed dated 13.12.91 as Ex.PW1/3

(OSR).

d) Copy of Sale Deed dated 16.12.91 as Ex.PW1/4

(OSR).

e) Copy of Sale Deed dated 08.07.1986 as Ex.PW1/5

(OSR).

f) Copy of Sale Deed dated 23.08.1986 as Ex.PW1/6

(OSR).

g) Copy of Sale Deed dated 22.10.1997 as Ex.PW1/7

PC No. 42263/16, Sachin Sharma Vs. State Ors. Page No.5/8
(OSR).

h) Copy of Sale Deed dated 28.10.1991 as Ex.PW1/8

(OSR).

i) Schedule ‘A’ of the petition as Ex.PW1/9.

5. I have heard the final arguments and carefully gone

through the material placed on record.

6. This is non­contentious case. The factum of death

of Late Sunita Sharma has been proved by the petitioner.

7. Section 16 of the Hindu Adoption and SectionMaintenance

Act, 1956 mandates that presumption of correctness of adoption

shall be raised when registered adoption deed has been furnished in

the court. The petitioner claimed to be the adopted son of Late

Sunita Sharma, which fact is proved by the petitioner vide

registered adoption deed dated 28.12.1990 Ex.PW1/2. Moreover,

this fact has not been challenged by the respondents no. 2 to 4 in

PC No. 42263/16, Sachin Sharma Vs. State Ors. Page No.6/8
their joint objection at all.

8. Thats apart, respondents no. 2 to 4 gave a joint

statement before the court on 20.12.2017 whereby they amicably

settled their dispute with the petitioner and gave their no objection

to the issuance of Letters of Administration in favour of the

petitioner.

9. In view of the given facts and circumstances and

more specifically, withdrawal of objection of respondents no. 2 to 4

vide their joint statement dated 20.12.2017, the petition is hereby

allowed. Accordingly, Letters of Administration with respect to

immovable properties of Late Sunita Sharma mentioned in

Schedule ‘A’ attached to the petition, be issued in favour of the

petitioner on filing of valuation report, court fees and on execution

of Administration and Surety Bond.

PC No. 42263/16, Sachin Sharma Vs. State Ors. Page No.7/8

10. File be consigned to Record Room as per rules after

compliance of necessary legal formalities.

Digitally signed
by VISHAL
Announced in open Court VISHAL SINGH
Date:

On 12.09.2019 SINGH 2019.09.12
15:06:58
+0530

(VISHAL SINGH)

Addl. District Judge­06 (Central),
Tis Hazari Courts, Delhi

PC No. 42263/16, Sachin Sharma Vs. State Ors. Page No.8/8

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