Mr. Dalip Bhatia vs State And Others
2001 Latest Caselaw 1553 Del

ORDER

B.N. Chaturvedi, J.

1. This is a petition under Section 276 of the Indian Succession Act, for grant of probate/letter of administration in relation to the Will dated 20.5.1982 executed by late Shiva Ram Kanal Bhatia S/o. Dr. Udhaldas, in respect of his immovable property.

2. Shri Dalip Bhatia claims to be the sole beneficiary of the Will dated 20.5.1982 executed by his father late Shiva Ram Kanal Bhatia to the exclusion of his brother, Shri Madhoo Kanal, sister, Mrs. Pushpa Karir and Shri Vijay Ralia, legal heir of his deceased sister, Mrs. Sheela Ralia. Shri Shiva Ram Kanal Bhatia is stated to have died at New Delhi on 17th of May, 1998 leaving behind the petitioner, Shri Madhoo Kanal (son), Mrs. Pushpa Karir (daughter) and Mrs. Sheela Ralia (daughter), as his legal heirs. Mrs. Sheela Ralia also died and she was survived by her two legal heirs, namely, Shri Vijay Ralia and Shri Praveen Ralia. Shri Praveen Ralia, however, passed away in 1998 and, thus, Shri Vijay Ralia remains as sole surviving legal heir of Mrs. Sheela Ralia.

3. Late Shiva Ram Kanal Bhatia, as per averments in the petition, was owner of the immovable property No. A-13, New Rajinder Nagar, New Delhi. He executed his last Will on 20th of May, 1982, which was got duly registered with the Office of Sub-Registrar, Sub District III, New Delhi. On the basis of the said Will, the immovable property No. A-13, New Rajinder Nagar, New Delhi has, according to the petitioner, devolved upon him and he continues to be in possession of the same.

4. Notice of the petition was issued to all the respondents. In addition, a citation was published in the "Times of India" Delhi Edition as well as in the "Statesman" Overseas Edition on 30th of November, 1999 and 15th of January, 2001 respectively. A notice was also issued to the Chief Revenue Controlling Authority/Deputy Commissioner, District Central, Delhi, directing him to make his valuation report in respect of property No. A-13, New Rajinder Nagar, New Delhi. A valuation report dated 26.4.2001 from the office of the Deputy Commissioner, District Central, Delhi, has been received.

5. The respondents 2 to 4 filed their separate written statements expressing no objection against grant of probate/letters of administration in favor the petitioner in respect of Will dated 20.5.1982 executed by their father late Shiva Ram Kanal Bhatia.

6. The petitioner examined himself to state that his father late Shiva Ram Kanal Bhatia died on 17th of May, 1998, that his death certificate is Ex.PW-2/1 and that the Will Ex.PW-1/1 had been executed in his favor by his father. The petitioner also examined Shri Vidhya Sagar Parchani, who is one of the two attesting witnesses to the Will, Ex. PW-1/1. Shri Vidhya Sagar Parchani, PW-1, affirmed that the Will, Ex.PW-1/1, was executed by late Shiva Ram Kanal Bhatia and was signed by him in his presence and Shri Jitender K. Sahni, the other attesting witness to the Will. He further testified that the Will was signed by him at point 'A' and by Shri Jitender K. Sahni at point 'B' after the same had been signed by late Shiva Ram Kanal Bhatia at point 'C'. He also stated that before appending their signatures to the Will Ex.PW-1/1, the contents thereof had been read over to him as well as to late Shiva Ram Kanal Bhatia, when the other witness, Shri Jitender K. Sahni, was also present. The Will, Ex.PW-1/1, is, thus, proved to have been duly executed by late Shiva Ram Kanal Bhatia in the presence of two testing witnesses, namely, Vidhya Sagar Parchani and Shri Jitender K. Sahni. There is no challenge to the genuineness of the Will, Ex.PW-1/1 from respondents 2 to 4 or from any other quarters. The Will Ex. PW-1/1 is, thus, held to have been duly proved.

7. In the result, the petition is allowed and Letters of Administration in respect of the Will dated 20.5.1982 with a copy thereof annexed, is granted in favor of the petitioner subject to supply of requisite court fees and completion of necessary formalities.