* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Test Case No. 21/2007
% Date of Decision: MAY 18, 2009
# Shri Amarjit Singh
..... Petitioner
! Through: Mr. Sunil Aggarwal, Advocate.
Versus
$ State
.....Respondent
^ Through: Nemo CORAM: HON'BLE MR. JUSTICE S.N. AGGARWAL
1. Whether reporters of Local paper may be allowed to see the judgment? NO
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in the Digest? NO S.N.AGGARWAL, J (ORAL) This is a petition under Section 276 of the Indian Succession Act, 1925 filed by the petitioner for grant of probate of registered will dated 28.02.1995 allegedly executed by his paternal uncle late Shri Joginder Singh. At the time of his death he was survived by his widow Smt.Nirmal Kaur, who is also stated to have died during the pendency of the present probate proceedings on 30.03.2007. 2 After the death of the widow of the deceased testator, his other Class-II legal heirs being his brother and three sisters were brought on record. An amended list of relatives of deceased testator was placed on record which includes the name of deceased testator's brother and three sisters. Notices of the present Test Case No. 21/2007 Page 1 of 4 proceedings were sent to all of them and in response to notices sent to them they have filed their no objection to the grant of probate of the will dated 28.02.1995 of deceased testator Shri Joginder Singh to the petitioner. Their no objections are Exs. PW1/3 to PW1/6.
3 Citation of the present petition was got published in "The Statesman" of 18.05.2007 Edition. Notice was also sent to the Chief Controlling Revenue Authority for furnishing the valuation report qua the estate of the deceased testator. In response to the notice sent to the Chief Controlling Authority, SDM, Narela has filed his valuation report regarding the estate left by the deceased testator which is available in Part-I file.
4 None of the relatives of the deceased testator has filed any objection against the will propounded by the petitioner in the present petition. The petitioner has proved the will dated 28.02.1995 of his paternal uncle late Shri Joginder Singh by filing his own affidavit and the affidavit of one of the attesting witnesses of the will, namely, Shri Narender Singh, S/o Shri Hukum Singh. Both these affidavits filed by the petitioner in evidence to prove the will in question have been tendered in the statement of the petitioner and the statement of the attesting witness recorded before the Joint Registrar as documents Ex.PW1/A and Ex.PW2/A respectively.
5 I have heard the arguments of Mr.Sunil Agarwal, learned counsel appearing on behalf of the petitioner and have also gone Test Case No. 21/2007 Page 2 of 4 through the entire case file carefully.
6 The will propounded by the petitioner in this petition is Ex.PW1/2. This is a duly registered will shown to have been executed by the deceased testator Shri Joginder Singh in presence of the two attesting witnesses as required by law. PW-2 Shri Narender Singh, being one of the attesting witnesses of the will in question has testified in his evidence that the will Ex.PW1/2 was executed by the deceased testator in his presence and also in presence of the other attesting witness Dr. Narendra Singh, S/o Shri Karam Singh and they all three had signed the said will in presence of each other. The petitioner in his affidavit has deposed that the deceased testator at the time of executing the will in question was possessed of good health and sound disposing mind. The testimony of the petitioner and that of the attesting witness on record has remained un-rebutted and I have no reason to doubt the same.
7 The deceased testator had acquired several properties during his lifetime as mentioned in his will in question. Mr.Agarwal, learned counsel appearing on behalf of the petitioner has submitted that all these properties stood transferred in favour of the petitioner during the lifetime of the deceased testator. It is submitted that after the death of the deceased testator it was found that he was having 50% share in plot No.CW-311 Sanjay Gandhi Transport Nagar, Delhi and now this petition has been filed restricted only to the interest of the deceased testator in the said property. Test Case No. 21/2007 Page 3 of 4 8 On an evaluation of the evidence produced by the petitioner regarding the will in question, I find that the will Ex.PW1/2 executed by late Shri Joginder Singh in favour of the petitioner proved to be is his last testament executed by him while he was possessed of sound disposing mind. The testator has not appointed any executor of his will in question. The petitioner is only a beneficiary of his will. Hence the petitioner will be entitled to the grant of letter of administration in stead of probate of will dated 28.2.1995 of late Shri Joginder Singh. Accordingly, a letter of administration in respect of will dated 28.02.1995 of late Shri Joginder Singh along with a copy of the will annexed therewith is granted in favour of the petitioner. The Registry may prepare the necessary letter of administration on deposit of requisite stamp papers by the petitioner on the valuation of 50% share held by the deceased in property being plot No. CW-311 Sanjay Gandhi Transport Nagar, Delhi as per the valuation report submitted by the SDM, Narela. The petitioner being the sole beneficiary under the will of the deceased testator is exempted form furnishing the administration bond required for due administration of the estate of the deceased. The original will of the deceased testator be kept in the safe custody in a locker with the Registrar General of this Court. 9 In view of the above, this petition stands disposed of.
May 18, 2009 S.N.AGGARWAL
vg [JUDGE]
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