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august 2003

Supreme Court of India · 2003-08-26

D.D.A. vs VIJAYA C. GURSHANEY

Citation / case number
SC 1994/11714
Court
Supreme Court of India
Petitioner
D.D.A.
Respondent
VIJAYA C. GURSHANEY
Author
SEMA
Bench
H.K. SEMA. S.N. VARIAVA

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the grant of Letters of Administration under the Indian Succession Act, 1925, affirming that the respondent, Mrs. Vijaya C. Gurshaney, is entitled to the rights of the deceased Ram Dhan over the plot purchased from the Delhi Development Authority. The Court ruled that the demand for payment of 50% unearned increase by the DDA was unjustified, as the respondent's entitlement arose from the valid Will executed by Ram Dhan. The Court emphasized that the grant of Letters of Administration serves as conclusive proof of the Will's existence and validity, thus affirming the High Court's order to quash the DDA's letters demanding payment.

D.D.A. vs VIJAYA C. GURSHANEY · Niyam