* HIGH COURT OF DELHI AT NEW DELHI
+ Test Cas No.93 of 2012
Decided on : 27th March, 2014
GEETIKA VERMA ...... Petitioner
Through: Ms. Sana Ansari, Advocate with
petitioner in person.
Versus
STATE ...... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
V.K. SHALI, J.
1. This is a petition under Section 278 of the Hindu Succession Act, 1956 for grant of probate of the Will dated 14.10.1996 and Letters of Administration.
2. Briefly stated the facts of the case are that the petitioner, Geetika Verma, is the niece of the deceased testatrix, Urmilla Devi Abbi, and also the executor of the Will dated 14.10.1996. The deceased testatrix was unmarried and professed Hindu religion. She was the sole and absolute owner of the suit property bearing Flat No.12-A, Ground Floor, Category-LIG, DDA Flats, Tamoor Nagar, New Delhi-65, which was the Test Case No.93/2012 Page 1 of 4 self-acquired property. The deceased is stated to have been residing in the suit premises from the date of purchase till her demise. The learned counsel for the plaintiff has stated that the deceased executed and left a Will dated 14.10.1996 which was never revoked by her and by virtue of the said Will, the petitioner was appointed as the sole executor and the sole beneficiary of the Will and, therefore, the petitioner is entitled to the probate of the Will. It is further stated that the father of the deceased had three children, namely, Nirmala Devi, Urmila Devi Abbi & Surinder Abbi. It is stated that Nirmala Devi (sister of the deceased Urmila Devi Abbi) expired on 24.8.2010 leaving behind the petitioner as the only child/legal heir. The brother of the deceased is a permanent resident of Germany for the last 50 years and had no contact with the deceased or petitioner or any other family member. It is contended that the deceased had expired on 9.10.2012 issueless and bequeathed her self-acquired property in favour of the petitioner out of natural love and affection as she used to treat the petitioner as her own child.
3. The petitioner being the only surviving legal heir of the deceased filed the present petition for grant of Probate or Letter of Administration in respect of the suit property of the deceased.
Test Case No.93/2012 Page 2 of 4
4. Notice of the petition was issued to the State as well as to the Chief Revenue Controlling Authority. The valuation report in respect of the suit property was called for. The publication of citation in the English daily 'The Statesman' and the Hindi daily 'Dainik Jagran', Delhi edition as also in the overseas edition of 'The Statesman' which has circulation in Germany, was also directed to be affected. The citation duly published has been received. The valuation report has also been filed by the State in respect of the suit property. The value of the property is shown to be Rs.20,49,810/-. The valuation given by the learned SDM is accepted.
5. The petitioner was examined as PW-1. She has tendered her affidavit by way of evidence in examination-in-chief, i.e., Ex. PW 1/X and exhibited two documents exhibited as Ex. P-1 and Ex. P-2, the photocopy of the death certificate of Urmila Abbi and the photocopy of the Will executed by Urmila Abbi. The petitioner has also examined PW- 2, Zubeda Begum, Advocate, one of the attesting witness to the Will, who has also tendered her affidavit by way of evidence in examination-in- chief, i.e., Ex. PW 2/X and had identified her signatures on the photocopy of the Will Ex. P-2 in portion circled P-1 and also the signatures of the deceased Urmila in portion circled X. She has further stated that there is Test Case No.93/2012 Page 3 of 4 one more attesting witness who had also signed the Will in presence of the other two witnesses. There is no cross-examination of the witness and further testimony goes uncontested and has to be accepted.
6. There was no opposition to the present petition as no objection has been filed by any person in response to the publication of the citation.
7. I have considered the submissions and have gone through the record including the evidence led by the witnesses. I am satisfied that the Will dated 14.10.1996 has been proved beyond doubt by the petitioner.
8. Under these circumstances, the present petition is allowed. The probate is granted in favour of the petitioner qua the Will dated 14.10.1996 in respect of the suit property of the deceased on the petitioner filing the requisite court fee and furnishing administrative bond with one surety to the satisfaction of the learned Registrar General of this court.
9. The petition stands disposed of.
V.K. SHALI, J.
MARCH 27, 2014 'AA' Test Case No.93/2012 Page 4 of 4