Delhi District CourtSmt. Ramesh Kanta Jain vs State & Ors. on 2 December, 20081


In the court of ASHWANI SARPAL, Additional District Judge-05 (WEST)
                 Room No. 119, Tis Hazari Court, Delhi.

Smt. Ramesh Kanta Jain              versus             State & ors.


                             (PC No. 177/07)

                (Petition underIndian Succession Actfor
                    grant of Letters of Administration)
                        *******************************

JUDGMENT:-1.            Smt. Ramesh Kanta Jain filed the present petition in the
Court on 29-10-2007 for grant of Letter of Administration in respect of
immovable and movable properties as mentioned in Schedule A and B
of the petition belonging to her son Sh. Nainish Jain who was missing
since 7th January 1998 and despite best efforts, she and her relatives
were not able to trace out his whereabouts and thus he is presumed to
be dead. Petitioner is the mother whereas respondent no. 2 is father
and respondents no. 3 and 4 are the real sisters of Sh. Nainish Jain. It
is further stated in the petition that Sh. Nainish Jain was unmarried
and left behind no Will.2.            The notice of this petition was sent to the State and
respondents. Respondents no. 2 to 4 filed their written 'no objections'.
The general public was also informed through citation published in the
newspaper 'The Hindu' dated 27-10-2007. Despite service of notice
upon State and publication of citation in newspaper, no one on behalf
of the State or on behalf of the general public appeared to contest the
claim made by the petitioner. Valuation reports of some of immovable
and movable properties mentioned in schedule A and B received are as
under :2S. no.    Property Mentioned in           Valuation report               Valuation given.Schedule and at Sl. no.           Submitted by
1        Schedule A at sl. no. 1      SDM, Karol Bagh             Rs.11,25,800/-


2        Schedule A at sl. no. 2      SDM, Karol Bagh             Rs.16,56,800/-


3        Schedule A at sl. no. 3      Tehsildar, Kotwali          Rs.6,50,500/-


4        Schedule A at sl. no. 4      Tehsildar, Vasant Vihar     Rs.73,42,708/-


5        Schedule A at sl. no. 5      As per version of Sh. Jai   The particulars of the land
                                      Bhagwan, Patwari office     appears to have been changed
                                      of Tehsildar Vasant         after consolidation proceedings
                                      Vihar.                      and that land appears to have
                                                                  been acquired and possession is
                                                                  with the DDA. Amount of
                                                                  compensation shall be treated as
                                                                  valuation for the purposes of
                                                                  court fees.
6        Schedule B at sl. no. 1 (a) Branch Manager, SBI,         Balance as on 25-11-2008
                                     Shakti Nagar, Delhi.         Rs.2,06,813.10 and Interest as
                                                                  on 1-4-08 Rs.9,651/- (However,
                                                                  this valuation is not acceptable
                                                                  because exact valuation is to be
                                                                  ascertained as on the date of
                                                                  filing of the petition.
                           1 (b)                                  The exact value shall be got
                                      None.                       ascertained at the time of
                                                                  completion of formalities.
7        Schedule B at sl. 2, 3 and   Some communications         Exact valuation shall be
         5                            received from LIC.          ascertained at the time of
                                                                  completion of formalities. The
                                                                  LIC is unable to give the bonus
                                                                  amount due to absence of any
                                                                  intimation about death of the
                                                                  policy holder.3.               Petitioner in order to prove her case filed her own affidavit
of evidence in which she corroborated the averments made in the
petition and also proved documents of her identity as Ex. PW-1/1 and32, photocopy of complaint of her missing son Ex. PW-1/3, publication
of missing report in the newspaper Ex. PW-1/4.4.             Undersection 108of Indian Evidence Act a person who is
missing and not heard by the persons known to him is presumed to
have expired after the seven years of the date of missing and in that
situation the exact date of death is not required to be furnished. Law
does not require that a suit for declaration should be filed to declare
that missing person as dead.            The relief of Probate / Letters of
Administration can be granted in respect of the property or estate of
such missing person after expiry of seven years.           In this case Sh.Nainish Jain is missing since 7-1-1998. Police report and publications
in the newspapers regarding his missing are on the record. No ground
exists to dispute the version of the petitioner who is real mother of
missing son that his whereabouts are still not known. Hence, in such
circumstances, petitioner can be granted the relief as prayed for in
respect of estates of her missing son especially when other family
members of the missing person i.e. Sh. Nainish Jain had given their no
objections.5.             Having regard to the averments made in the petition and
the testimony of the petitioner, which has gone unrebutted and the
petitioner being Class-I heir of the deceased, I allow the present petition
and it is ordered that Letters of Administration without any Will be
granted   to   the   petitioner   for   Administration,   Management   and
Supervision of the immovable and movable properties as mentioned in
Schedule A and B of the petition (these schedule be read as part of the
judgment) subject to her furnishing requisite court fee in terms of the
valuation reports already received for some items and to be called for
remaining items at the time of completion of formalities and on filing of
administration bond with one surety bond. It is clarified that in this
petition question of title and ownership of property in question is not4decided and the grant of the Certificate will not confer any title or
ownership of properties upon the petitioner. An inventory of the
property of the deceased shall be exhibited in the court within six
months from the date of grant of certificate and a statement of account
shall be filed within one year thereafter.File be consigned to the Record Room.(ASHWANI SARPAL)
Date : 2-12-2008                             ADDL. DISTRICT JUDGE-05
                                                   (WEST) DELHI.