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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 85/2010
Decided on 30th January, 2012
SHOBHA MADAN & ANR ..... Petitioners
Through : Mr. A.K. Chhabra, Adv.
versus
STATE & ANR ..... Respondents
Through :Mr. Alim Mizaj, Adv. for R-
1
Dr. S.P. Sharma, Adv. for
Objector
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
A.K. PATHAK, J. (ORAL)
1. Petitioners have filed this petition under Section 278 of the Indian Succession Act, 1925 for grant of "Letter of Administration" in respect of Will dated 21st March, 2007 executed by Late Shri Kulbhushan Lal Sawhney (hereinafter referred to as "deceased").
2. Petitioners are sisters of respondent no. 2. It is alleged that deceased was the sole and exclusive owner of House no. H-312, New Rajinder Nagar, New Delhi - 110060. Deceased had executed a Will dated 21st March, 2007, which was duly registered in the office of Sub-Registrar-III, Delhi vide registration no. 289 in Book no. 3 Volume No. 1458 on pages 187 to 188 on 21st March, 2007. It is alleged in the petition that Shri Kulbhushan Lal Sawhney Test Case No. 85/2010 Page 1 of 5 passed away on 9th September, 2010. Petitioners and respondent no. 2 are the only Class-I heirs of the deceased as their mother had predeceased the deceased on 4th September, 1991. Petitioners and respondent no. 2 were the beneficiaries of the estate left behind by the deceased, which comprises of House No. H-312, New Rajinder Nagar, New Delhi - 110060. By virtue of the Will in question deceased had bequeathed entire ground floor to respondent no. 2; whereas 1st and 2nd floors and roof rights were bequeathed to the petitioners jointly.
3. Citations have been published in the newspapers "The Statesmen" English edition dated 11th December, 2010 and "Jansatta" Hindi edition dated 16th December, 2010 for information of the general public and also inviting objections, if any, against the grant of Letter of Administration of the Will in question. Pursuant to the publications of citations, no one has filed objections to the Will.
4. Respondent no. 1 was served through Estate Officer, State Revenue Controlling Authority. Valuation report dated 5 th February, 2011 has been filed by the Executive Magistrate (Karol Bagh) valuing the property at `50,98,800/-.
5. After service, respondent no. 2 entered appearance and filed objections against the grant of Letter of Administration. However, Test Case No. 85/2010 Page 2 of 5 during the course of hearing respondent no. 2 has withdrawn his objections. His statement on oath has been recorded in Court today, wherein he has admitted the genuineness and correctness of the Will dated 21st March, 2007 and has made a statement that he has no objection in case Letter of Administration is granted to the petitioners.
6. Petitioner No.1 has led evidence by way of affidavit Ex. PW1/X-1. In her affidavit she has categorically deposed that deceased has left behind petitioners and respondent no. 2 as the only Class-I heirs. Original Will has been placed on record. Death Certificate of Late Shri Kulbhushan Lal Sawhney dated 22nd September, 2010 issued by the Municipal Corporation of Delhi has been placed on record, which shows that Shri Kulbhushan Lal Sawhney died on 9th September, 2010. One of the attesting witnesses to the Will, Shri Bharat Bhushan Mahajan, has stepped in the witness box as PW1 and has tendered his affidavit in evidence. He has deposed that he is one of the attesting witnesses to the registered Will executed by the deceased. He has identified his signatures as well as that of the testator and other attesting witness. Will has been exhibited as Ex. PW1/A. He has further deposed that deceased was having full knowledge and understanding about the contents of the Will and after reading the same and having Test Case No. 85/2010 Page 3 of 5 understood the effect of his Will, the deceased had admitted about the correctness of the Will in his presence and in the presence and other attesting witness, namely, Rohit Bhatia. He has further deposed that the Will was registered in the office of Sub-Registrar at Asaf Ali Road, New Delhi on 21st March, 2007 in his presence.
7. From the ocular and documentary evidence led by the petitioners, it has been proved that the deceased has left behind a Will Ex. PW1/A dated 21st March, 2007 in respect of the estate and has bequeathed House No. H-312, New Rajinder Nagar, New Delhi
- 110060 in favour of the petitioners and respondent no. 2 in the manner as has been described in the Will dated 21 st March, 2007. Will has duly been proved, inasmuch as, genuineness and correctness of the Will has been admitted by respondent no. 2 by making a statement on oath in this regard. I do not find any impediment in accepting Will dated 21st March, 2007 and granting the "Letter of Administration" to the petitioners.
8. For the foregoing reasons, I grant "Letter of Administration" of Will dated 21st March, 2007 executed by Late Mr.Kulbhushan Lal Sawhney (Ex. PW1/A) to the petitioners, subject to their paying requisite court fees and furnishing administrative bond with one surety to the satisfaction of the Registrar General of this Court.
Test Case No. 85/2010 Page 4 of 5
9. Petition is disposed of in the above terms.
A.K. PATHAK, J.
JANUARY 30, 2012 rb Test Case No. 85/2010 Page 5 of 5