* IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Decided on: 15.03.2017
+ TEST.CAS. 62/2013
HARSH GOGIA ..... Petitioner
Through: Ms Meena Chaudhary, Adv.
versus
THE STATE.GOVT NCT OF DELHI & OTHERS ..... Respondents
Through: None.
CORAM:
HON'BLE MS. JUSTICE DEEPA SHARMA
JUDGMENT (ORAL)
1. The present petition under Section 270 of the Indian Succession Act has been filed by Smt. Harsh Gogia for Probate of Will dated 18.11.2010 of late Shri Santosh Bankshi, W/o Shri Vishwa Nath, in respect of her estate DDA S.F.S. Flat bearing No.22, Neeti Bagh, New Delhi. The petitioner has assessed the total value of the property at Rs. 80 lakhs. It is submitted that the attesting witnesses of the said Will were Smt.Payal Malik, W/o Shri Sudhir Shah, R/o A-704, Sukhsagar Apartments, 52, I.P. Extension, Delhi- 92 and it is submitted that the witnesses had signed the Will in the presence of Testatrix and the Testatrix also signed the Will in their presence and the Will was also registered in the office of Sub-Registrar, Delhi. It is submitted Test Cas.62/2013 Page 1 that Smt. Santosh Bakshi expired on 22.12.2012 leaving behind Class-II legal heirs. It is submitted that the Testatrix was a widow having no children. It is submitted that all the legal heirs of Class-II, namely, Shri Sudershan Kumar Malik, (Brother), Smt.Santosh Malik (Sister-in-law), Shri Sharad Malik (Nephew), Smt.Madhuri Yadav (Niece), Smt.Payal Malik (Niece) and Ms.Taruna Malik (Niece) have submitted their NOC's placed on record.
2. The notices were issued to all the legal heirs. The citation was also published in the 'Hindustan Times'. The Valuation Report was also sought and the State had valued the property at Rs.46,92,000/-. All the legal heirs have submitted their NOCs which were taken on record.
3. The petitioner has examined two witnesses, herself and the attesting witness Smt. Payal Malik. In her affidavit, she has proved the death certificate of Mrs. Santosh Bakshi as PW-1/1 and the original Will as PW- 1/2. PW-2 is the attesting witness of the Will. She has also filed her evidence by way of affidavit and proved it as PW-2/A. She has also identified her signatures on the said Will at Point 'A' and 'B' and of Smt. Santosh Bakshi at point 'C', 'D', 'E' and 'F'. She has also deposed that Smt. Santosh Bakshi signed the Will in her presence. She has also identified the Test Cas.62/2013 Page 2 signature of another attesting witness of the Will, Shri Sanjay Sood at point 'G' and 'H' and has stated that he also put his signatures in the presence of Testatrix. The petitioner in her testimony as PW-1 has also deposed that the Will was duly registered.
4. I have heard the arguments and perused the records. The petitioner has duly proved the execution of the Will by examining one attesting witness who has clearly stated that the Testatrix signed the Will in her presence and that she and other attesting witness also signed the Will in the presence of Testatrix. Despite the citation, there was no objection to the said Will. The other legal heirs have also furnished their no objection by way of affidavits. Vide the said Will, the Testatrix has clearly stated that she was the absolute owner of DDA S.F.S. Flat bearing No.22, Neeti Bagh, New Delhi and bequeathed the said property in favour of Harsh Gogia, daughter of her late brother Khairati Lal Malik.
5. Although in the said Will, the Testatrix had bequeathed another property bearing number A-674 in Block A, Sarita Vihar, New Delhi, but the present petition has been filed in respect of property DDA S.F.S. Flat bearing No.22, Neeti Bagh, New Delhi.
Test Cas.62/2013 Page 3
6. In K.M. Varghese and Ors vs. K.M. Oommen and Ors. AIR (1994) 85, the Division Bench has clearly held that a petition for grant of Letters of Administration does not suffer with any infirmity even if the entire property scheduled in the Will is not included and the Courts are not devoid of jurisdiction to grant Letters of Administration. I am, therefore, of the view that the Court has the jurisdiction in the present case as well to grant the probate of the Will dated 18.11.2010.
7. Accordingly, the probate of the Will dated 18.11.2010 is granted in favour of the petitioner in respect of the property bearing DDA S.F.S. Flat bearing No.22, Neeti Bagh, New Delhi, subject to her paying the requisite court fee on the valuation of Rs. 46,92,000/- and furnishing administrative bond with one surety to the satisfaction of the Registrar General.
8. The petition stands disposed of.
DEEPA SHARMA
(JUDGE)
MARCH 15, 2017
BG
Test Cas.62/2013 Page 4