* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST. CAS. 4/2011
Date of Decision: 3rd September, 2012
IN THE MATTER OF
S.P. CHADHA ..... Petitioner
Through: Ms. Vandana Sehgal, Advocate with
Mr. Rohan Thawani and Mr. Hardeep Singh Anand,
Advocates
versus
STATE ..... Respondent
Through: None
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
1. The present petition has been filed by the petitioner under Section 276 of the Indian Succession Act, for grant of probate of a registered Will dated 22.03.2010 executed by late Shri Badri Nath Chadha.
2. It has been averred in the petition that the petitioner is the son and Mrs. Nirmal Kharbanda is the daughter of late Shri Badri Nath Chadha, who had expired on 29.03.2010. The deceased had executed a registered Will dated 22.03.2010, which was witnessed by Shri Anil Arora and Shri Pradeep Malhotra. Under the registered Will dated 22.03.2010, the deceased had bequeathed his estate in the manner as set out therein. TEST. CAS. 4/2011 Page 1 of 5 It is averred in the petition that under the Will, the residential house owned by the deceased, i.e., premises bearing No.A-13/5, Vasant Vihar, New Delhi, was to devolve on the petitioner. The petitioner seeks the letter of administration in respect of the aforesaid immovable property as set out in schedule-I of the petition.
3. Notice was issued on the present petition on 17.01.2011. Citation was also directed to be issued, which came to be published in the English edition of the daily newspaper "Indian Express" dated 24.02.2011 as well as in the Hindi newspaper, "Dainik Jagran" dated 26.02.2011. No objections were received to the Will after publication of the citation. Notice was duly served on the State. However, none has appeared for the State. Notice was also served on the Chief Revenue Controlling Authority for filing a valuation report after which, a valuation report has been duly filed.
4. As regards the only other class-I heir of the deceased, namely, Mrs. Nirmal Kharbanda, she has filed an affidavit dated 11.02.2011 stating inter alia that she and her brother are the beneficiaries of the registered Will dated 22.03.2010, executed by their father, late Shri Badri Nath Chadha and that she did not intend to challenge the said Will or contest the present proceedings.
5. As regards the petitioner, he has adduced evidence by filing his own affidavit as PW1. The affidavit tendered by him in evidence is marked as Ex.PW1/A. It has been stated by the petitioner in his affidavit TEST. CAS. 4/2011 Page 2 of 5 dated 06.09.2011 that Shri Badri Nath Chadha had expired on 29.03.2010, leaving behind his last will and testament dated 22.03.2010, which has been marked as Ex.PW2/1. PW1 has proved the death certificate of Shri Badri Nath Chadha as Ex.PW1/B.
6. Shri Anil Arora, one of the attesting witnesses has filed two affidavits and in the affidavit dated 06.09.2011 marked as Ex.PW2/X, he has deposed therein that Shri Badri Nath Chadha was personally known to him during his lifetime and that he was in a sound disposing mind at the time of signing the Will. It has been further deposed that Shri Badri Nath Chadha had signed the Will in the presence of PW2 on 22.03.2010 and that he recognized the signatures of the deceased.
7. On a perusal of the case file on 25.07.2012, it had transpired that the affidavit filed by the aforesaid Shri Anil Arora, one of the attesting witnesses to the Will, was not comprehensive. As a result, learned counsel for the petitioner had sought and was granted another opportunity to file an additional affidavit of the aforesaid witness.
8. In the additional affidavit dated 26.07.2012, marked as Ex.PW1/Y, PW2 has stated that he and the other witness to the Will, namely, Shri Pradeep Malhotra had signed the Will of Sh. Badri Nath Chadha in each other's presence and in the presence of the Testator, and that the Will was registered in the office of the Sub Registrar-IX, New Delhi, on the same day in his presence. The said Will was registered in the office of the Sub-Registrar-IX, New Delhi at Serial No.1790 in the TEST. CAS. 4/2011 Page 3 of 5 Additional Book No.3, Volume No.496 at pages 193 to 195.
9. On 22.08.2012, it was pointed out to the counsel for the plaintiff that the Testator of the Will had appointed Lt. Gen. D.P. Sehgal as the sole executor of the Will but, the present petition had not been filed by him. Counsel for the petitioner had sought an adjournment to seek instructions in this regard. Subsequently, an affidavit dated 25.08.2012 has been filed by Lt. Gen. D.P. Sehgal, the executor of the aforesaid Will stating inter alia that the deponent had known late Shri Badri Nath Chadha during his lifetime as they were family friends. He confirmed the fact that the deceased had left a Will dated 22.03.2010, whereunder the deponent had been appointed as an executor. The affidavit further mentions the fact that due to some unavoidable circumstances, the executor of the Will could not apply for grant of probate and that he has no objection to the petitioner herein filing the present petition for probate of the said Will. In other words, the executor has renounced his executorship.
10. In view of the above, this Court is satisfied that the petitioner has succeeded in proving that the deceased Shri Badri Nath Chadha had executed the registered Will dated 22.03.2010 (Ex.PW2/1) and the said Will was his last will and testament. The deceased was predeceased by his wife, Smt. Kamlesh Chadha and he is survived by his two legal heirs, the petitioner and his sister, Mrs. Nirmal Kharbanda. The deceased has bequeathed his immovable property, i.e., premises No. A-13/5, Vasant TEST. CAS. 4/2011 Page 4 of 5 Vihar, New Delhi, in favour of the petitioner herein in the manner as detailed in the Will (Ex.PW2/1). The Will also mentions the fact that the deceased had bequeathed all his movable assets to the persons, in whose names the nomination had been made for each of them, including the bank deposits, bank accounts, bonds, policies etc. But the petitioner herein has sought to confine the grant of Letters of Administration to the immovable property as mentioned in Schedule-I of the petition.
11. In view of the aforesaid facts and circumstances, there appears no impediment in granting the letter of administration in respect of the Will dated 22.03.2010 executed by late Shri Badri Nath Chadha in favour of the petitioner. Accordingly, the present petition is allowed. The letter of administration with a copy of the Will dated 22.03.2010 annexed thereto is granted in favour of the petitioner, subject to his furnishing the requisite court fee in terms of the valuation report and submitting an administration bond with one surety in accordance with law.
12. The petition is disposed of.
(HIMA KOHLI)
SEPTEMBER 3, 2012 JUDGE
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