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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 5/2007
% Date of Decision: 2nd June, 2011
SHRI SUBINDER JEET SINGH KHURANA..... Petitioner
Through : Ms. Megha Katari, Adv.
versus
STATE & ORS. ..... Respondents
Through : None.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (ORAL)
1. This is a petition under Section 276 of the Indian Succession Act for grant of probate of the Will dated 8th May, 2006 of late Rajinder Pal Kaur Khurana who died on 24th November, 2006 leaving behind one son, Subinder Jeet Singh Khurana (the petitioner) and two grandsons, Jasneet Singh Suri and Sarabjeet Singh Suri (respondents No.2 and 3).
CS(OS)676/2007 Page 1 of 5
2. Notice of this petition was given to respondents No.2 and 3 as well as the general public by means of a citation published in the Indian Express on 17th February, 2007 and the Statesman on 19th February, 2007. There is no opposition to the petition. Respondents No.2 and 3, grandsons of Rajinder Pal Kaur Khurana have filed written statement on 14th March, 2007 in which they have admitted the Will dated 8th May, 2006 of their grandmother and have given their no objection to the grant of probate to the petitioner.
3. The deceased had left behind the following immovable properties:-
(i) Plot bearing No.J-1293-C, Type-II, Palam Vihar, Haryana ad-measuring 297.5 sq.yrds.
(ii) Half portion of plot No.105, ad-measuring 75 sq.yrds. out of Khasra No.18/9, bearing House No.WZ-283/105, situated in Village Khayala, Delhi known as West Block, Vishnu Garden, New Delhi.
(iii) An industrial plot No.F-67, ad-measuring 100 meters at Phase-II, Mayapuri, New Delhi.
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(iv) Property bearing No.D-55, ad-measuring 90 sq. yrds. Second Floor, Fateh Nagar, Jail Road, New Delhi.
4. The petitioner has examined two witnesses to prove the Will. The petitioner appeared in the witness box as PW-1 whereas one of the witness to the Will appeared as PW-2.
5. PW-1, Subinder Jeet Singh Khurana deposed that he was the only son of the deceased, Rajinder Pal Kaur Khurana who has left behind a Will dated 8th May, 2006, Ex.PW1/1. Apart from the petitioner, the deceased has left behind two grandsons Jasneet Singh Suri and Sarabjeet Singh Suri (sons of pre-deceased daughter). Respondents No.2 and 3 who have given their no objection for grant of probate/letters of administration. Late Rajinder Pal Kaur Khurana was a permanent resident of Delhi at the time of her death on 24th November, 2006. Copy of death certificate has been proved as PW1/2. The schedule containing the details of the properties of the deceased at the time of her death have been proved as Ex.PW1/3 (Colly.). The petitioner also filed the original title deeds CS(OS)676/2007 Page 3 of 5 pertaining to all the four properties owned by the deceased. The details of immovable properties bequeathed under the Will are Ex.PW1/4 (Colly.).
6. PW-2 deposed that Late Rajinder Pal Kaur Khurana executed the Will in his presence and also in the presence of the other attesting witness, Gulshan Dhawan who was also present in the office of Sub-Registrar-II, Janak Puri, New Delhi at the same time. PW-2 further deposed that he and Gulshan Dhawan affixed their signatures on the said Will at the request of testatrix late Rajinder Pal Kaur Khurana.
7. The notice of the petition was issued to the Chief Revenue Controlling Authority on 31st January, 2007 in pursuance to which the valuation reports have been received from the concerned authorities.
8. On the basis of the evidence on record, this Court is satisfied that the Will Ex.PW1/1 is the last and valid testament of late Rajinder Pal Kaur Khurana and the petitioner is entitled to the grant of probate of the said Will.
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9. In the facts and circumstances of this case, petition is allowed and the probate of the Will dated 8th May, 2006, Ex.PW1/1 of late Rajinder Pal Kaur Khurana is directed to be issued to the petitioner in respect of the estate of the deceased upon furnishing of requisite Court-fees, administration and security bonds by the petitioner.
J.R. MIDHA, J JUNE 02, 2011 aj CS(OS)676/2007 Page 5 of 5