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If the beneficiary outlives the person creating the estate plan, but dies before receiving the gift Then the gift will go to the probate estate of the deceased beneficiary: High Court Of New Delhi

The petition was filed under Section 278 of the Indian Succession Act, 1925 for grant of letter of administration, and the same issue was held in the judgement passed by a Single bench judge HON’BLE MR. JUSTICE YOGESH KHANNA, in the matter SIDDHARTH BANERJI & ANR. V.  STATE OF NCT OF DELHI & ORS dealt with an issue mentioned above.

In this case, the property was allotted to the father of the petitioners herein namely Dr.P.N. Banerjee, The father of the petitioner ordinarily resided at the subject property and died on 12.02.2001 at Deepak Memorial Hospital, Karkardooma, Delhi. He died intestate, whereas the mother of the petitioners had expired on 12.04.2017 at Delhi.

It was alleged there are no other legal heirs of late Dr P N Banerjee except both these petitioners herein and the valuation of the subject property is made Rs.2,32,50,000/- in this petition as per the circle rate published by the Government of NCT of Delhi.

The respondent of Delhi had filed the valuation report and has no objection to granting of letter of administration in favour of petitioners as both the petitioners have succeeded the estate of Dr P N Banjerjee. Thus, there is no impediment in the grant of letter of administration without Will in their favour.

The affidavits have been filed by the petitioners in evidence as PW1 Siddharth Banerjee and PW2 Shona Jaiswal. PW1 has proved the copies of the Aadhaar Cards of both petitioners as Ex.PW1/1 and Ex.PW1/2 were both the dead certificate of the individuals were attached to it, also mentioned.

Meanwhile, the valuation report has also been filed by the Tehsildar Vivek Vihar, Shahdara District, Delhi and the net worth of the subject is shown in Test Case No.51/2021 as Rs.4,56,03,605/- in consonance with notification No.F.1(953)/Regd. Br./Div. Com.HQ 2014/5943 dated 22.09.2014.

Accordingly, there was no opposition on behalf of the respondent, Hence, there is no impediment to the grant of letter of administration of the estate of late Dr P N Banerjee @ Purnanand Banerjee for the benefit of both the petitioners.

The court perused the facts and argument’s presented, it thought that- “Registry to issue the letter of administration without Will annexed, on paying the requisite stamp duty etc per valuation of Tehsildar and also upon their furnishing administration bond and surety bond. Given above, the petition and pending application stand disposed of”.

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Judgment Reviewed by: Mandira BS

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