* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 68/2010
LALIT BATRA & OTHERS ..... Petitioners
Through: Mrs. Ginny Jetly Rautray,
Advocate.
Versus
STATE & OTHERS ..... Respondents
Through: None.
% Date of Decision : January 18, 2012
CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL
: REVA KHETRAPAL, J. (ORAL)
1. The petitioners being the beneficiaries named in the Will dated 30.03.2001 executed by Smt. Lajwanti Batra, who died on 15.08.2010, have filed the present petition under Section 276 of the Indian Succession Act, 1925 seeking grant of probate in respect of the said Will. The respondents No.2 to 4 are the grand children of Smt. Lajwanti Batra.
Test Case 68/2010 Page 1 of 6
2. It is averred in the plaint that the Testatrix - Smt. Lajwanti Batra executed her last Will and testament on 30.03.2001 bequeathing her entire movable and immovable properties in favour of her one son and two daughters (the petitioner Nos.1, 2 and 3 herein) to the exclusion of the children of her deceased daughter, late Smt. Raj Tanwar. The said Will was duly witnessed and registered in the office of Sub-Registrar, New Delhi as document No.2365, Book No - III, Volume No.927, at pages 190 to 192.
3. Notice of the petition was issued to the State and all the other respondents. Publication of citation in the Delhi edition of the 'Statesman' was also got effected. Notice was also issued to the Chief Revenue Controlling Authority for valuation report. Despite service, there was no appearance on behalf of the respondents. There has been no opposition to the petition from any of the respondents. The respondents were accordingly proceeded ex parte on 13.12.2011.
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4. I have heard the counsel for the petitioners and examined the documents on record. Petitioners have filed their evidence by way of affidavits of Smt. Kusum Gandhi, who is the petitioner No.3 and Dr. H.V.Mahajan, one of the attesting witness to the Will of the testatrix - Smt. Lajwanti Batra.
5. The petitioner No.3, in her affidavit by way of evidence, Exhibit PW1/A, has re-iterated the contents of the petition. She testified that she was the daughter of late Smt. Lajwanti Batra, who expired on 15.08.2010. The Will dated 30.03.2001 was the last and final Will of the testatrix, wherein she bequeathed her entire movable and immovable properties in favour of the deponent and petitioners No.1 and 2 in the ratio of one-third each. She proved the death certificate of the testatrix as Exhibit PW1/1, copy of the conveyance deed in respect of the immovable property bearing No.A-145, Preet Vihar, New Delhi as Exhibit PW1/2 and the original Will dated 30.03.2001 as Exhibit PW1/3.
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6. Dr. H.V.Mahajan, one of the attesting witnesses to the Will, in his affidavit by way of evidence, Exhibit PW2/A deposed that he knew Smt. Lajwanti Batra and her family from a very long time. He testified that on 30.03.2001, the Will was executed in his presence and under the instructions of the testatrix. He deposed that the testatrix had signed the Will in his presence and in the presence of Mr. Jaswant Singh, another attesting witness to the Will and that he, too, had signed the Will in the presence of the testatrix and Mr. Jaswant Singh.
7. In the absence of any opposition to the petition and in view of the deposition by way of affidavits of the petitioners' witnesses, which is unrebutted, the averments made in the petition stand proved. I am satisfied that at the time of the execution of the Will, the testatrix - Smt. Lajwanti Batra was of sound disposing mind and had executed the Will in the presence of the attesting witnesses and the attesting witnesses had signed the said Will in the presence of the testatrix and in the presence of each other. The testatrix was married to late Test Case 68/2010 Page 4 of 6 Shri Anshi Lal Batra and out of the wedlock four children, namely, Sh. Lalit Batra, Smt. Santosh Kubba, late Smt. Raj Tanwar and Smt. Kusum Gandhi were born. Late Smt. Raj Tanwar had pre-deceased the testatrix and it is stated in the Will that the children of said late Smt. Raj Tanwar and her husband had stopped visiting the testatrix. She, thus, excluded them from her estate. The Will in question is duly witnessed and registered with the office of the Sub-Registrar, New Delhi as Document No.2365, Book No.III, Vol. No.927 at pages 190 to 192. The petitioners are the only beneficiaries named in the Will and as such there is no bar in granting Letters of Administration with Will annexed in their favour. However, probate of the Will in question cannot be granted to the petitioners in view of the legal bar created by Section 222 of the Indian Succession Act, 1925.
8. Accordingly, the present petition is allowed by granting Letters of Administration in respect of the Will dated 30.03.2001 in favour of the petitioners with regard to their respective shares Test Case 68/2010 Page 5 of 6 in the movable and immovable properties of late Smt. Lajwanti Batra mentioned in the Will, subject to the petitioners fulfilling all the legal formalities including furnishing of Administration Bond of the requisite value.
9. The petition stands disposed of in the above terms.
REVA KHETRAPAL (JUDGE) January 18, 2012 ak Test Case 68/2010 Page 6 of 6