Smt. Vanita Sarin vs State Of Delhi
2001 Latest Caselaw 215 Del

ORDER

Sharda Aggarwal, J.

1. This is a petition under Section 278 of the Indian Succession Act, 1925 for grant of Letters of Administration with respect to the estate of Mrs. Marjorie M.Behl. who died on 1st April, 1999 at Delhi, on the basis of her 'Will' dated 6th February, 1998. The petitioner is the daughter of the testatrix and Dr. P.N.Behl, respondent No. 2 is the husband of the testatrix. Apart from the husband of the decreased Mrs. Marjorie M.Behl, the only other legal heir is the petitioner.

2. Notice of the petition was issued to the Chief Controlling Authority as well as to the general public by means of publication in the leading newspaper "Statesman". Respondent No.2 Dr. P.N.Behl, husband of the testatrix was served. He has filed reply to the petition stating therein that he was no objection if, the Letters of Administration is granted in favor of the petitioner, who is his daughter. The respondent has in fact admitted the execution and contents of the 'Will' dated 6th February, 1998 of his wife.

3. There was no opposition to the petition. Therefore, the petitioner's evidence was recorded. The petitioner was examined as PW-1. Dr. P.N.Behl was examined as PW-2. Mr. Paul Sarin was also examined as the witness of the petitioner. PW-1 has stated that the testatrix has executed the 'Will in her favor. She has also proved the signatures of her mother on the "Will' at points 'A' and 'B' and has proved the 'Will' as exhibit PW-1/1. She has also testified that her mother, the testatrix died on 1st April, 1999. The death certificate has been proved as Exhibit PW-1/2. She has also testified that the properties left by her mother are contained in Annexure-B to the petition and the same is Exhibit as PW-1/3. She has proved, here affidavit as Exhibit PW-1/4. The petitioner has also placed on record the valuation reports of the immoveable properties. The additional affidavit was also filed by the petitioner regarding the valuation of the moveable properties i.e. Ambassador Car and fixed deposit in ANZ Grindlays Bank. Dr. P.N.Behl (PW-2). who is the husband of the testatrix has also affirmed the testimony of the petitioner. He has testified that his wife had executed the 'Will' in favor of his daughter, the petitioner herein. He has also proved the signatures of his wife i.e. testatrix at points 'A' and 'B' on the 'Will' Exhibit PW-1/1. He has categorically stated on oath that he has no objection if the Letters of Administration are grated in favor of his daughter, petitioner herein. To the same effect is the statement of Mr. Paul Sarin, husband of the petitioner and son-in-law of the testatrix. He has also proved the signatures of the testatrix and has deposed that she has signed the 'Will' in his presence and in the presence of of the other attesting witness Mr. Abhijeet Chatterjee. He has also stated that he signed the 'Will' as an attesting witness in the presence of the testatrix. He has also deposed that the testatrix was of sound and disposing mind at the time of execution of the 'Will'.

4. Along with the petition, petitioner has annexed a list of properties which were bequeathed to her in the 'Will' in question. This list has been exhibited as PW-1/3. Later on, during the pendency of the petition. Petitioner moved an application dated 18th July, 2000 for deletion of item NO.1 and 6 of the list of assets i.e. Exhibit PW 1/3. It is submitted that during the pendency of the petition the properties mentioned at Item No. 1 and 6 i.e. residential house at A/62, New Friends Colony. New Delhi and share in farm land at Dasna have already been transferred in the name of the petitioner and as such it was prayed that the Letters of Administration was not required for these two properties.

5. I have gone through the averments made in the petition, statements of the witnesses in support of the petition as well as the pleadings, which make it abundantly clear that there was no opposition to the petition. The only respondent being the father of the petitioner and the husband of the testatrix had no objection to the grant of Letters of Administration in favor of the petitioner. The averments made in the petition have been proved by virtue of the statement of the petitioner, supported by the statement of Mr.Paul Sarin, attesting witness of the 'Will'. Perusal, of the 'Will' coupled with the testimony of the witnesses satisfies me about the genuineness of the 'Will' and the contents thereof. Evidence lead by the petitioner also establisher beyond doubt that the testatrix Mrs. Marjorie M.Behl was of sound and disposing mind and had executed the 'Will' in the presence of the attesting witnesses and the attesting witnesses had signed the same in the presence of the testatrix. The petitioner is a universal legatee of the testatrix and there is no bar in granting Letters of Administration in her favor.

6. In view of my above discussion. I find that the petitioner has proved her case. The petition is accordingly allowed. Letters of Administration with a copy of the 'Will' annexed to the petition is granted in favor of the petitioner with regard to the properties mentioned in the list (exhibit PW-1/3) except items 1 and 6, subject to here furnishing administration bond of requisite value.

7. With those observations, the petition stands disposed.