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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 47/2016
SH HARJEET SINGH BHOGAL & OTHERS ..... Petitioners
Through: Mr. Vinay Gupta, Advocate.
versus
STATE & OTHERS ..... Respondents
Through: Mr. K.K. Mishra, Advocate for R-2 to
7.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J. MEHTA
ORDER
% 19.04.2018 TEST.CAS. 47/2016 and I.A. No. 2719/2017 (for grant of leave and permission to petitioners for filing own valuation)
1. By this testamentary case the petitioners pray for grant of letters of administration with the Will annexed of late Shri Swaran Singh Bhogal. The Will is dated 15.10.2007 and is a Will which has been duly registered before the Sub-Registrar. Three petitioners are the sons of late Shri Swaran Singh Bhogal. Respondent nos. 2 to 7 are the daughters of the deceased testator late Shri Swaran Singh Bhogal. Respondent nos. 2 to 7 have filed their written statements saying that they do not object to the grant of reliefs in the present testamentary case.
2. The Will dated 15.10.2007 is attested by two attesting witnesses Sh. Krishan Gopal Dhiman and Sh. Raj Kumar. Both the attesting witnesses have filed their affidavits by way of evidence. The attesting witnesses have deposed with respect to the subject Will duly executed by the testator late Shri Swaran Singh Bhogal in the presence of attesting witnesses and duly attested by two attesting witnesses. The attesting witnesses have also deposed that they appeared in the office of Sub-Registrar for registering of the Will and putting the signatures of the testator and the attesting witnesses in the presence of the Sub-Registrar.
3. In view of the depositions of the attesting witnesses, in my opinion, the subject Will dated 15.10.2007, Ex.P-1, is held to be proved and it is held that the deceased testator died leaving behind his last valid Will dated 15.10.2007.
4. Valuation reports with respect to properties which are subject matter of bequest under the subject Will have been filed by competent authorities. The valuation stated in the valuation reports will be taken by the Registry for the purpose of calculation of court-fees payable on the present letters of administration case.
5. In view of the aforesaid discussion, this testamentary case is allowed. Petitioners are granted letters of administration with the Will annexed. The Will which is annexed to the letters of administration is the subject Will Ex.P-1 dated 15.10.2007. Letters of administration will be drawn out on the petitioners filing the necessary court-fees.
6. Since petitioners are the only three beneficiaries of the Will, they are exempted from filing any administration bond or surety bond for grant of letters of administration with the Will annexed.
7. The testamentary case is accordingly allowed and disposed of in terms of the aforesaid observations.
VALMIKI J. MEHTA, J APRIL 19, 2018 AK