Disposed

Vivek Mathur v. State of NCT of Delhi and Ors.

Delhi HC14 Oct 2025TEST.CAS./64/2025

Case brief

AI extract

What is this about?

Petition under Section 278 of the Indian Succession Act sought Letters of Administration for the estate of the deceased, comprising a Noida property share and mutual funds. Legal heirs filed no objections and none arose from publication. The court directed issuance of Letters of Administration to the petitioner subject to valuation report, bond, and court fee.

What did the court decide?

Letters of Administration directed to be issued in favour of the petitioner, subject to valuation report, bond, and payment of court fee.

Vivek Mathur Vs State of NCT of Delhi and Ors. — Succession and Inheritance | Delhi HC (2025)

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$~50

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TEST.CAS. 64/2025

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Date of Decision: 14.10.2025

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IN THE MATTER OF:

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MR. VIVEK MATHUR

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S/O LATE SH. SHAHZAD BAHADUR R/O 9-B, POCKET-A, DDA FLATS, SUKHDEV VIHAR, NEW DELHI-110025

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.....PETITIONER

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(Through: Mr. Ateev Mathur and Mr. Amol Sharma, Advocates.)

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Versus

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STATE OF NCT OF DELHI THROUGH ITS STANDING COUNSEL

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.....RESPONDENT NO.1

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MRS. RAGINI MATHUR W/O SH. ATUL KUMAR MATHUR R/O D-402, ANUKAMPA PLATINA, GRAM SUKHIA, MANSAROVER EXTENSION, MUHANA MANDI ROAD, JAIPUR-302020

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.....RESPONDENT NO.2

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MRS. SHALINI MATHUR W/O SH. MANOJ MATHUR R/O 9-B, POCKET-A, DDA FLATS, SUKHDEV VIHAR, NEW DELHI-110025

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.....RESPONDENT NO.3

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(Through: Ms. Vaishali Gupta, Panel Counsel with Ms.Ishika Baheti,

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Signature Not Verified Signed By:NEHA CHOPRA Signing Date:28.10.2025 18:16:15

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Signature Not Verified Signed By:PURUSHAINDRA 1 KUMAR KA URAV

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Advocates for R-1

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Counsel for R-2 and 3 [appearance not given].)

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CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

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J U D G E M E N T

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PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

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By way of the instant petition under Section 278 of the Indian Succession Act, the petitioner seeks for Letters of Administration ( LoA) with respect to the estate of Late Sh. Shahzad Bahadur ( hereinafter referred to as „testator‟ ). The estate comprises of immovable property bearing no. 7A, Nilgiri III, Block C-75, Sector 34, Noida, Uttar Pradesh and his movable assets in the form of mutual funds, more specifically mentioned in Schedule-I attached with the petition.

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The facts of the case reveal that the deceased, Late Shri Shahzad Bahadur, was the owner of a 50% share in the aforementioned immovable property, while the remaining 50% share was held by his wife, Late Smt. Usha Mathur. A copy of the death certificate dated 13.12.2022 of the testator is on record. The testator died on 27.11.2022. At the time of his death, he was survived by the following legal heirs:-

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S. No.	Name	Relationship with the deceased
1.	Ragini Mathur	Daughter (Respondent no.2)
2.	Shalini Mathur	Daughter (Respondent no.3)
3.	Vivek Mathur	Son (Petitioner)

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Signature Not Verified

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Signed By:NEHA CHOPRA Signing Date:28.10.2025 18:16:15

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Signature Not Verified

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Signed By:PURUSHAINDRA KUMAR KA URAV

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The wife of the testator, Mrs. Usha Mathur, passed away subsequently on 14.02.2024.

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Respondent Nos. 2 and 3, who are the daughters of the testator, are represented through counsel. They have submitted their No Objection to the instant petition, and their respective affidavits in this regard are placed on record as part of the petition.

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Pursuant to the issuance of notice, a publication was made on 07.08.2025 inviting objections, and an affidavit confirming the publication has been filed.

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No one has raised any objections with respect to the said publication. As Respondent Nos. 2 and 3, being Class-I legal heirs of the testator, have already filed No Objection Certificates , and since no other objections have been raised by any party despite the publication, there remains no impediment in granting LoA.

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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

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Signature Not Verified

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Signed By:PURUSHAINDRA KUMAR KA URAV

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Signature Not Verified

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Signed By:NEHA CHOPRA Signing Date:28.10.2025 18:16:15

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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:

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“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.”

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In view of the aforesaid, the Court directs that the LoA be issued in favour of the petitioner by the concerned Registrar subject to the valuation report which may be received from the concerned District Magistrate, subject to compliance of directions of the Court and furnishing the bond as well as the payment of the applicable Court fee.

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9. Ordered accordingly.

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1 158(200) DLT 713

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Signature Not Verified

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Signature Not Verified

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Signed By:PURUSHAINDRA KUMAR KA URAV

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Signed By:NEHA CHOPRA Signing Date:28.10.2025 18:16:15

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The instant petition stands disposed of along with other pending applications.

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(PURUSHAINDRA KUMAR KAURAV) JUDGE

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OCTOBER 14, 2025 Nc/sph

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Signature Not Verified

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Signature Not Verified Signed By:PURUSHAINDRA KUMAR KA URAV

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Signed By:NEHA CHOPRA Signing Date:28.10.2025 18:16:15

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Vivek Mathur v. State of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Vivek Mathur v. State of NCT of Delhi and Ors.

Case brief

What is this about?

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Vivek Mathur Vs State of NCT of Delhi and Ors.