*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 76/2010
Decided on 19th January, 2012
ANITA KHANNA ..... Petitioner
Through: Ms. Reema Kalra, Adv.
versus
THE STATE ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
A.K. PATHAK, J. (ORAL)
1. Petitioner is daughter of Late Brig. Amrit Kumar Kapila (hereinafter referred to as „deceased‟). She has filed this petition under Section 276 of the Indian Succession Act, 1925 for grant of Letter of Administration in her favour with regard to the Will dated 9th August, 2005 in respect of the estate left behind by the deceased.
2. It is alleged that Late Brig. Amrit Kumar Kapila died on 28 th August, 2005. Before his death he had executed his last Will dated 9th August, 2005, thereby bequeathing his immovable and movable properties as disclosed in the schedule, in the manner as has been detailed in the Will.
3. Respondent no. 2 Dr. Deepak Kapila and respondent no. 3 Mrs. Ranju Dogra are brother and sister of the petitioner and are Test Cas 76-2010 Page 1 of 4 legal heirs of deceased besides the petitioner. There was no other living legal heir of the deceased. The Will has been executed by the testator in full disposing mind in the presence of respondent no. 2 and Ms. Shradha Bhargawa, who have appended their signatures on the Will as witnesses.
4. After service of notice upon them, respondent nos. 2 and 3 have filed their respective reply(s) to the petition wherein they have admitted correctness and genuineness of the Will left behind by their father Late Brig. Amrit Kumar Kapila. It has been stated in the reply(s) that "deceased was a person of good physical health and sound disposing mind at the time of execution of the Will".
5. Citation has also been published in the newspaper "The Statesman" (English edition) but no one has come forward to file objections against the grant of Letter of Administration in favour of petitioner.
6. Petitioner has led evidence by way of affidavits. In her affidavit, petitioner has duly supported the averments made in the petition and has reiterated that there is no other legal heir left behind by the deceased except the petitioner, respondent no. 2 and respondent no.3. Late Brig. Amrit Kumar Kapila had executed a Will dated 9th August, 2005 in respect of his assets and properties. Petitioner has deposed that she identifies the signatures of her father Test Cas 76-2010 Page 2 of 4 on the Will as she was conversant with the handwriting and signatures of his father having seen him signing and writing. Deceased has bequeathed his immovable and movable properties in the manner it has been described in the Will. List of properties left behind by the deceased has been attached along with the affidavit of the petitioner, which has also been described in Schedule A to the petition.
7. Ms. Shradha Bhargawa has also stepped in the witness box as PW2 and has tendered her affidavit in evidence. She has deposed that Late Brig. Amrit Kumar Kapila had signed the Will Ex. PW1/2 at point A to D in her presence and in the presence of other attesting witness, namely, Dr. Deepak Kapila. She has further deposed that she had signed the Will at point E. As per her affidavit, testator and the attesting witnesses had signed the Will in presence of each other. As regards other attesting witness Dr. Deepak Kapila is concerned, he has admitted the correctness and genuineness of the Will dated 9th August, 2005.
8. From the evidence adduced by the petitioner and the replies filed by the respondent nos. 2 and 3. I am satisfied that the testator had executed the Will in question. I do not find any impediment in accepting the Will dated 9th August, 2005 (Ex. PW1/2) executed by Late Brig. Amrit Kumar Kapila and granting the Letter of Test Cas 76-2010 Page 3 of 4 Administration with Will annexed, to the petitioner, subject to the valuation of the properties and petitioner paying requisite court fees and furnishing administrative bond with one surety to the satisfaction of the Registrar General of this Court.
9. Petition is disposed of in the above terms.
A.K. PATHAK, J.
JANUARY 19, 2012 ga Test Cas 76-2010 Page 4 of 4