SUNIL KUMAR vs THE STATE

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st March, 2025 + TEST.CAS. 45/2023 SUNIL KUMAR .....Petitioner Through: Mr. Ajay Garg, Mr. Uday Garg, Advocates. versus THE STATE .....Respondent Through: Ms. Tripti Gola, Advocate for R-2 & 3. % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J (ORAL): 1. The present petition under Section 278 read with Section 232(a) of the Indian Succession Act, 1925 has been filed seeking limited grant of Letters of Administration (‘LoA’) qua a single immovable asset of the late Smt. Shakuntala Mathur [‘testatrix/deceased’]. 2. The details of the immovable asset are i.e., the property bearing Plot No. U-23B, admeasuring 458.33 sq. yards, situated in Killa No. 11/19 Min. situated in the Revenue Estate of Village Pawala Khasru Pur, Teh and District Gurgaon (Haryana) [‘subject property’]. 3. It is stated that testatrix was an ordinary and permanent resident of Signature Not Verified Signed By:RASHMI DABAS TEST.CAS. 45/2023 Page 1 of 6 Signing Date:04.04.2025 10:44:20 Delhi; and she died on 09.05.2001 at her residence i.e., 12-B, JD Block, Pitampura, Delhi. 4. It is stated that the testatrix had signed and executed the Will dated 01.05.2001 in the presence of two attesting witnesses i.e., Sh. Dhirendra Negi and Sh. Sudarshan Nautiyan. It is stated that the Petitioner is the sole beneficiary-legatee in the said Will 5. It is stated that the Petitioner is the son of late Sh. Vishwanath Sahai Mathur, who in-turn was the real brother of late Sh. Kailash Sahai Mathur [testatrix’s husband]. It is stated that thus the Petitioner is the nephew of late Sh. Kailash Sahai Mathur. 6. It is stated that the testatrix died issueless and pre-deceased her husband Sh. Kailash Sahai Mathur. It is