$~O-56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 83/2025 Date of Decision: 16.10.2025 IN THE MATTER OF: VERSHA CHARAN .....Petitioner Through: Mr. Amol Sharma and Mr. Ateev Mathur, Advs. versus STATE AND ORS .....Respondents Through: Ms. Jagriti Ahuja, Adv. for R-2&3. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The present petition has been filed under Section 278 of the Indian Succession Act, 1925 seeking Letters of Administration [‘LoA’] with respect to movable assets of late Shri Amit Charan. The details of the properties are specified in paragraph No.2(d) of the petition, which reads as under: 2. The Court, vide order dated 25.08.2025, directed the issuance of notice and the statement on behalf of defendant Nos.2 and 3, expressing their non-objection to the petition, has also been taken on record. 3. The petitioner is one of the legal heirs of late Shri Amit Charan, who died intestate on 13.01.2025. At the time of his death, he resided at 1169, Sector A, Pocket B. Vasant Kunj, New Delhi. 4. Late Shri Amit Charan was survived by the following persons: S. No. Name Relationship with the deceased 1. Versha Charan Wife (Petitioner) 2. Riya Charan Daughter (Respondent No.2) 5. Late Shri Amit Charan was maintaining NSDL Demat Account being DP ID No.IN301151, Client ID: 26392907 along with his father late Shri Ashok Charan, who had passed away on 19.06.2016. At the time of his death, Shri Ashok Charan was survived by his following legal heirs: S. No. Name Relationship with the deceased 1. Amit Charan Son (now deceased) 2. Sonia Krishna Daughter (Respondent No.3) 3. Shiela Charan Wife (now deceased) 6. The properties of late Shri Ashok Charan would devolve on the aforenoted legal heirs. His wife, Smt. Shiela Charan, had expired on 16.11.2018 and her share in the properties of her husband would then devolve on late Shri Amit Charan and respondent no. 3. Upon the death of Shri Amit Charan, his share in the said properties would devolve on the petitioner and respondent no. 2, being his legal heirs. 7. Respondent no.2 and respondent no. 3, have specifically indicated their no-objection to the present petition. 8. At this stage it is pertinent to note herein that this Court in the case of Sh. Raj Rani Bhasin vs. State1, has held that the person to whom LoA is granted does not thereby, become entitled to the property or estate of the deceased/testator and the estate still succeeds according to the law of succession applicable to the deceased/testator. The primary objective of a LoA, issued by the Court, is to authorize the appointed administrator to gather and consolidate the assets of the deceased or testator. It also allows the administrator to interact with relevant authorities where such assets are held or recorded, enabling the realization of those assets and facilitating their transfer to the rightful successors in accordance with the applicable laws of succession. It was further held that the administrator is required to, from time-to-time, to file accounts in the Court with respect to the administration of the estate and/ or as to how the estate has been settled/ transferred to the successors in accordance with the law of succession applicable to the deceased and upon the administrator defaulting in the same, the Court retains the power to revoke the grant. For the sake of clarity, Paragraph no.9 of the aforesaid decision reads as under: “9. The person to whom letters of administration are granted does not thereby become entitled to the property or estate of the deceased. The estate still succeeds according to the law of succession application to the deceased. The purpose of Letters of Administration is merely to enable the administrator so appointed by the Court to collect/ assimilate the properties of the deceased, and/ or to deal with the various authorities with whom the properties of the deceased may be vested or recorded and to realize the same and / or to have the same transferred in the names of the successors in accordance with law of succession applicable to the deceased. The administrator is required to, from time-to-time, file accounts in the Court with respect to the administration of the estate and/ or as to how the estate has been settled/ transferred to the successors in accordance with law of succession application to the deceased and upon the administrator defaulting in the same, the Court retains the power to revoke the grant. 9. Under the aforesaid circumstances, there is no impediment in granting the LoA with respect to the movable properties in question. 10. Let the LoA be issued in favour of the petitioner by the concerned Registrar, subject to furnishing the bond as well as the payment of the applicable Court fee. 11. The no objection affidavits and other relevant material shall form part of the Court record. 12. It is made clear that this Court has not adjudicated title or ownership disputes, if any, regarding the properties forming part of the estate of the deceased. 13. The petition is allowed, and is, accordingly, disposed of along with all pending applications, if any. PURUSHAINDRA KUMAR KAURAV, J OCTOBER 16, 2025/P/AMG. 1 158(200) DLT 713 --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------