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IN THE COURT OF DISTRICT & SESSIONS JUDGE,

PATIALA HOUSE COURTS, NEW DELHI


CASE NO._______________ OF 2020
In the matter of:
Mr.D ….Petitioner
Versus
THE STATE OF NCT DELHI & ORS. ….Respondents

INDEX
S. PARTICULARS PAGE
NO. NO.
1. Memo of Parties
2. Petition for Grant of Letters of Administration
With Respect Of Assets Bequeathed In The
Will Of The Deceased Dt.27/02/2018, U/S
217 r/w S.232 Of The Indian Succession Act
Alongwith Affidavit
3. Schedule 1: Details of Properties with
Respect to Which Grant of Letters of
Administration is Sought
4. Annexure- A: Copy of the Surviving Members
Certificate Dt. 01.10.2019
5. Annexure-B: Copy of The Death Certificate
Dt. 05.09.2019
6. Annexure-C: Copy of Registered Will Dt.
27.02.2018 (Regd. 14/03/2018)
7. Annexure-D (Colly) - NOC Executed by
Respondents Nos. 3 & 4 Dt. 15.10.2019 In
Favour of the Petitioner Alongwith Respective
Affidavits Of Respondents Nos.3 & 4
8. VAKALATNAMA
THROUGH

X ASSOCIATES
Advocate
New Delhi
Dated: /01/2020
IN THE COURT OF DISTRICT & SESSIONS JUDGE,
PATIALA HOUSE COURTS, NEW DELHI
CASE NO._______________ OF 2020
In the matter of:
Mr.D ….Petitioner
Versus
THE STATE OF NCT DELHI & ORS. ….Respondents

MEMO OF PARTIES

1. Mr.D (AGED ABOUT 56 YEARS)


S/o
R/o ….PETITIONER

Versus

1. THE STATE OF NCT DELHI


2. B
D/O
R/O
3. G
D/O Mr.D
R/O
4. R
S/O
R/O
5. J
W/O
R/O

6. HDFC BANK LTD.


Branch at - E 51, Naraina Vihar
New Delhi-110028
7. PUNJAB NATIONAL BANK
Branch - G-242 Naraina Vihar, Naraina,
New Delhi – 110028
8. DEPARTMENT OF POSTS/ INDIA POST
At - Naraina Industrial Estate,
Delhi – 110028
9. AXIS BANK
No. E9, Naraina Vihar,
New Delhi, Delhi, 110028
10. IDFC MUTUAL FUND
4th Floor, Narain Manzil 23,
Barakhamba Road, New Delhi,
Delhi 110001
...RESPONDENTS

NEW DELHI
DATED

THROUGH

X ASSOCIATES
Advocate for the Petitioner
IN THE COURT OF DISTRICT & SESSIONS JUDGE,
PATIALA HOUSE COURTS, NEW DELHI
CASE NO._______________ OF 2020
In the matter of:
Mr.D ….Petitioner

Versus

THE STATE OF NCT DELHI & ORS. ….Respondents

PETITION FOR GRANT OF LETTERS OF ADMINISTRATION


WITH RESPECT OF ASSETS BEQUEATHED IN THE WILL
OF THE DECEASED, U/S 217 r/w 232 OF THE INDIAN
SUCCESSION ACT.

It is most respectfully sheweth:

1. It is submitted that the above mentioned petitioner


namely, Mr.Mr.D, and the Respondents Nos.2,3 and 4
namely, B, Gursimar Kaur and Mr. R respectively, are the
surviving members of the family of the late Mr. Harbans
Singh Assa Singh Bindra S/o Late Sh A.S. Bindra R/o
E-2, Ground Floor Naraina Vihar, New Delhi. A copy of
the Surviving Member Certificate issued by the Revenue
Department, Govt. of NCT of Delhi dated 01.10.2019 is
annexed herewith and marked as Annexure- A

2. It is submitted that the Late Sh. Harbans Bindra passed


away on 15.8.2019. Copy of the Death certificate
dt.05.09.2019 issued in this regard is attached herewith
and marked as Annexure-B
3. It is submitted that the deceased Sh. Harbans Bindra
resided at E-2, Ground Floor Naraina Vihar, New Delhi at
the time of his death. It is further submitted that the
deceased was the sole owner of the entire plot No.
____consisting of four stories alongwith stilt parking
space.

4. It is submitted that the deceased ordinarily resided and


the petitioner herein resides at Delhi, within the local
limits of this Hon’ ble Court and this Hon’ ble Court has
the jurisdiction to try the Petition.

5. It is submitted that the following are the near relatives of


the deceased Late Sh. Harbans Bindra –

S.No. Name with Address Relation

1. Mr.D Son

2. B Daughter

3. G Granddaughter

4. R Grandson

5 J Daughter in Law

6. S.Surinderjeet Singh Bhatia Son in Law

6. It is submitted that the Late sh. Harbans Bindra


executed a will on 27/02/2018, in which the deceased
bequeathed certain movable properties belonging to him
in favour of the Petitioner herein to the exclusion of
others. The same was registered on 14/03/2018.
The Copy of the Registered Will is attached herewith and
marked as Annexure – C.

7. It is submitted that the following are the details of


movable and immovable properties bequeathed to the
respective relatives, as directed in the aforementioned
Will –

S.No. Name of Property Bequeathed


Relative
1. Mr.D 1. Ground Floor above the Stilt
Parking of the said property
(Son)
alongwith 50% share of Roof
2. 1/3rd share in HDFC Bank
Demat Account No.
3. 1/3rd of amount outstanding in
mutual funds at Axis Bank and
IDFC Mutual Funds under the
name of Sh.Harbans Singh
Assa Singh Bindra
2. B 1. 1/3rd share in HDFC Bank
Demat Account No.
(Daughter)
2. 1/3rd amount of NSS account
No. 9100887, Post Office,
Naraina Vihar
4. 1/3rd of amount outstanding in
mutual funds at Axis Bank and
IDFC Mutual Funds under the
name of Sh.Harbans Singh
Assa Singh Bindra
5. 50% of Ornaments belonging to
late Mrs. Rajinder Kaur in
Locker at Punjab National
Bank, Naraina Vihar
3. G 1. First Floor of the said Property
(Grand- 2. 50% of entire amount in
daughter) Punjab National Bank, Naraina
Branch, Account No. _____
3. 50% of entire amount in HDFC
Bank, Naraina Branch,
Account No.
3. 1/3rd amount of NSS account
No. Post Office, Naraina Vihar
4. R 1. Third Floor of the said property
alongwith 50% share of Roof
(Grandson)
2. 1/3rd share in HDFC Bank
Demat Account No.
3. 50% of entire amount in
Punjab National Bank, Naraina
Branch, Account No.
4. 50% of entire amount in HDFC
Bank, Naraina Branch,
Account No.
5. 1/3rd amount of NSS account
No., Post Office, Naraina Vihar

6. 1/3rd of amount outstanding in


mutual funds at Axis Bank and
IDFC Mutual Funds under the
name of Sh.Harbans Singh
Assa Singh Bindra
7. Maruti Swift Car R.No. –
5. J 4. 50% of Ornaments belonging to
late Mrs. Rajinder Kaur in
(Daughter in
Law) Locker at Punjab National
Bank, Naraina Vihar

8. It is submitted that being beneficiaries of the


aforementioned Will, the Petitioner herein and
Respondents Nos.2, 3, 4 and 5 herein are entitled to
properties laid down in the Will, to the exclusion of any
other person.

9. It is germane to submit that Respondent No.3 and


Respondent No.4 have executed a No Objection
Certificates/Disclaimer Deeds, in favour of the Petitioner
herein relinquishing their rights and entitlement over the
properties bequeathed to them by the aforementioned
Will. The copy of the NOC executed by the Respondents
No. 3 and 4 dated 15.10.2019 alongwith the respective
Affidavits are annexed herewith and are marked as
Annexure-D (Colly).

10. Further, the Respondent No.2 has also agreed to


relinquish the property bequeathed to her in favour of the
Petitioner herein, with the exception of 1/3rd share in the
HDFC DEMAT Account No.____
11. It is germane to submit that the Petitioner herein
seeks the grant of letters of administration with respect
to certain properties bequeathed to him and relinquished
by the Respondents Nos.2,3 and 4. The said properties
for which the grant of the letters of administration is
prayed are mentioned in Schedule 1 of the instant
Petition.

12. Further, that the deceased being governed by the


Indian Succession Act, the Petitioner herein is entitled to
grant of letters of administration in respect of the
properties mentioned in the Will.

13. It is submitted that there is no impediment to the


grant to the Letters of Administration or the validity
thereof it be granted u/s 217 r/w s.232 of the Indian
Succession Act or any other law.

PRAYER
In light of the abovementioned facts & circumstances it is
most respectfully prayed that this Hon’ble court may
graciously be pleased to:-

a. Grant Letters of Administration in the name of the


Petitioner herein with respect to the movable properties
mentioned in schedule 1 of the present Petition.

b. Pass any such order/(s) which this Hon’ble Court deems


fit in the facts and circumstances of the given case.

APPLICANT

VERIFICATION
Verified at New Delhi on this _________ day of _________
2020 that the contents of the above affidavit are true and
correct to the best of my knowledge and nothing material
has been concealed there form

DEPONENT

THROUGH

X ASSOCIATES

New Delhi
Dated: /01/2020
IN THE COURT OF DISTRICT & SESSIONS JUDGE,
PATIALA HOUSE COURTS, NEW DELHI
CASE NO._______________ OF 2020

In the matter of:

Mr.D ….Petitioner
Versus
THE STATE OF NCT DELHI & ORS. ….Respondents

AFFIDAVIT

I Mr.D S/o Late Sh. Harbans Bindra R/O E-2, Naraina Vihar,
New Delhi - 110028, New Delhi do hereby solemnly affirm and
declare as under:-

1. That I am the Petitioner in the above noted case and I am


competent to sign the present Petition and swear this affidavit.

2. That the contents of the accompanying Petition have been


drafted by my counsel under my instructions and the same
are not repeated here for the sake of brevity.

3. That I have read and understood the contents of the Petition


petition and say that the contents of the same are true and
correct to the best of my knowledge.
DEPONENT
VERIFICATION
Verified at New Delhi on this _________ day of _________ 2020
that the contents of the above affidavit are true and correct to
the best of my knowledge and nothing material has been
concealed there form

DEPONENT
IN THE COURT OF DISTRICT & SESSIONS JUDGE,
PATIALA HOUSE COURTS, NEW DELHI
CASE NO._______________ OF 2020

In the matter of:

Mr.D ….Petitioner
Versus
THE STATE OF NCT DELHI & ORS. ….Respondents

SCHEDULE 1

1. 2/3rd share in HDFC Bank Demat Account No._____


2. Entire amount outstanding in Mutual Funds at Axis
Bank and IDFC Mutual Funds under the name of Sh.
Harbans Singh Assa Singh Bindra.
3. Entire amount in Punjab National Bank, Naraina
Branch, Account No. ____
4. Entire amount in HDFC Bank, Naraina Branch, Account
No. _____
5. Entire amount of NSS account No______, Post Office,
Naraina Vihar
6. Maruti Swift Car R.No. – _____
7. 50% of Ornaments belonging to late Mrs. Rajinder Kaur
in Locker at Punjab National Bank, Naraina Vihar

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