TEST.CAS.--64/2019. Case: MR. SUNIL SETHI Vs. STATE (NCT OF DELHI). High Court of Delhi (India)

Case NumberTEST.CAS.--64/2019
CitationNA
Judgement DateDecember 10, 2019
CourtHigh Court of Delhi (India)

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 10th December, 2019

+ TEST.CAS. 64/2019 & IAs. 11492/2019 and 11493/2019

MR. SUNIL SETHI

..... Petitioner Through: Ms. Manali Singhal, Ms. Shreya

Singhal, Mr. Deepak Rawal and Ms. Aanchal Kapoor, Advs.

versus

STATE (NCT OF DELHI)

..... Respondent

Through: Mr. Kushagra Pandey, Panel Counsel for GNCTD.

Ms. Ruchira Gupta and Mr. Anurag Sharma, Advs. for State of Goa.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

V. KAMESWAR RAO, J. (ORAL)

  1. The present petition has been filed by the petitioner with the following prayers:-

    In the facts and circumstances, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:

    1. Grant Letters of Administration in favor of the Petitioner, for the Estate both moveable and immovable of the Deceased (Late Mr. Sanjeve Sethi aka Mr Sanjeev Sethi) as specified in Schedule-B.

    2. Pass any other or further orders, as this Hon'ble Court may deem fit and proper.

  2. It is the case of the petitioner that his brother Sanjeve Sethi (hereinafter referred to as “late brother”) had passed away on April 25, 2019 at Galaxy Hospital, Xelpem Duler, Mapusa, Goa from cancer. His late brother’s permanent place of abode was at New Delhi at the family home G-9, South Extension, Part-II, New Delhi-110049. A copy of the death certificate has been exhibited as Ex.PW1/1. That his late brother was unmarried and died intestate. His late brother had no Class-I legal heir as specified in Schedule to the Hindu Succession Act, 1956. It is the petitioner’s case that his parents died much prior to the death of his late brother. It is also stated that he was the only sibling of his late brother and only surviving legal Class-II heir depicted in Schedule A, exhibited as Ex.PW1/5.

  3. It is his case that his late father Jagjit Rai Sethi passed away on August 12, 1984 (Ex. PW1/6). Even his mother Pushpa Sethi passed away on August 17, 2004 (Ex. PW1/7). His mother left behind a Will dated July 27, 2001 (Ex. PW1/8) wherein her entire estate was bequeathed between the petitioner, his late brother and petitioner’s daughter as specifically nominated by her in the records. The bonds and shares which have no nominee specified was bequeathed by her in favour of the petitioner and his late brother. His mother further desired that the moveable valuable/articles lying at the Ground Floor of her residential house G-9, South Extension, Part II, New Delhi to be equally divided by her sons...

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