Delhi High Court
Mrs. Sham Piari Nayyar vs The State on 9 April, 2001
Equivalent citations: 2001 IVAD Delhi 642, 91 (2001) DLT 520, 2001 (59) DRJ 104
Author: A.K.Sikri
Bench: A Sikri
ORDER
A.K.Sikri,J.
1. This petition is filed by the petitioner under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as the Act, for short) for issuance of letters of administration in respect of Will dated 19th August, 1989 registered on 22nd August, 1989 with the Sub-Registrar, Delhi. Petitioner is the wife of Testator - late Shri Gobardhan Lal Nayyar, B-1/41, Paschim Vihar, New Delhi. As per the petition, Shri Gobardhan Lal Nayyar (hereinafter referred to as the Testator, for short) had executed Will dated 19th August, 1989 which was registered on 22nd August, 1989 as Document no.3, Volume No.519 at page 31-32 with the Sub-Registrar, Delhi. He died at Delhi on 1st October, 1994. As per the said Will he bequeathed all his properties mentioned therein in favor of his wife namely, the petitioner. List of assets bequeathed by the Testator for which the present petition is filed are annexed with the petition as Annexure-C.
2. The Testator left behind, besides the petitioner, the following legal heirs:-
i. Smt. Seema Nayyar widow of late Shri Rajinder Nayyar (SON) having died on 16.07.1995 leaving behind wife and a son Shri Saurabh Nayyar both residents of B1/141, Paschim Vihar, Delhi - Daughter-in-law.
ii. Smt. Sudha Nayyar wife of Shri Prem Nayyar resident of A-1/91A, Lawrence Road, Delhi - 110035 - Daughter.
iii. Smt. Mukta Bawa wife of Shri Gurdev Singh Bawa, resident of P.22-23, Radha Bazar Street, Calcutta - Daughter.
3. Notice on this petition was directed to be served upon the afore-mentioned legal heirs mentioned in para 7 of the petition. Citation was also directed to be published in the "Statesman" from Delhi and Calcutta as well as "Punjab Kesari" which were duly published. The petitioner was also directed to file the report of the approved valuation showing market value of the immovable property left by the deceased on the date of filing of the petition.
4. All the respondents/legal representatives filed their reply-cum-no objection as per which they admitted the genuineness of the Will and have stated that they have no objection if the letters of administration is granted to the petitioner as prayed for in this petition. The affidavit of the petitioner is filed stating that the Testator had executed the Will in question. The attesting witnesses to the Will are Shri S.S.Trehan and Shri S.K.Sahni. The duly sworn affidavit of Shri S.S.Trehan is filed as per which he has deposed that Will dated 19th August, 1989 was executed and signed in his presence by the Testator - Shri Gobardhan Lal Nayyar. At the time of signing of the Will other attesting witness namely, Shri S.K.Sahni was also present. Testator signed in the presence of both the attesting witnesses and both the attesting witnesses signed in the presence of the Testator as well as in the presence of each other.
5. In view of the aforesaid testimony it stands proved that Shri Gobardhan Lal Nayyar executed Will dated 19th August, 1989 which was his last Will. Letters of administration in terms of the said Will is hereby granted in favor of the petitioner. Valuation report as filed by the petitioner valuing the property at Rs.9,42,900/- (Rupees Nine Lakhs Forty Two thousand and nine hundred only) as on the date of filing of the present petition is hereby accepted. They are directed to file necessary Court fee within four weeks. On filing the Court fee necessary letters of administration be given to the petitioner.
6. Accordingly, the petition stands disposed of.
