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Subhash Chand & Anr. vs The State & Ors. on 10 October, 2017

2. The first aspect which is argued is that Smt. Gobindi Devi

was not the owner of that share of H.No. 230, Gali no.11, Anand

Parbat, Delhi-5 as mentioned in the Will because she was the owner in

FAO No. 1/2017 Page 1 of 4
fact only of a lesser share, and therefore, the letters of administration

could not have been granted.

3. Secondly it is argued that the grant of letters of

administration in Delhi is discretionary and since it is not mandatory

to apply for letters of administration, therefore, the letters of

administration could not have been granted in this case as Smt.

Gobindi Devi was not the owner of the share to the extent as stated in

the Will registered on 3.6.1993 in the property bearing H.No. 230 Gali

no.11, Anand Parbat, Delhi-5.

Source: Indian Kanoon

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