Delhi High Court
Mr. Madan Mehta And Anr. vs State And Anr. on 2 August, 2002
Author: S Aggarwal
Bench: S Aggarwal
JUDGMENT
Sharda Aggarwal, J.
1. The petitioners being the executors of the 'Will'
have filed the present petition under Section 276 of the
Indian Succession Act and for grant of probate with
respect to the estate of Smt. D.A. Shahani @ Lalri Shahani,
wife of late Lt.Col. J.N. Shahani, who died on 31st
May, 2001, on the basis of her 'Will' dated 5th
January, 1991.
2. The testatrix Smt. D.A. Shahani left her last
'Will' and testament dated 5th January, 1991 bequeathing
her entire moveable and immovable assets in favor of
Radha Soami Satsang, Beas (in short the Satsant), a
society registered under the Societies Registration Act,
of which she was a deciple. Her husband died in or about
1955 and there was no issue from the marriage. Her only
legal heir is her sister Smt. Renu Thadani, who had filed
her NO objection Certificate to the grant of probate in
favor of the petitioners.
3. Notice of the petition was issued to the State
and the relations/respondent through publication in the
newspaper 'Statesman' and by displaying the notice on the
notice board. Notice was also issued to the Chief
Revenue Controlling Authority for valuation report.
Respondent No. 2 Shri V.K. Sethi was reported to have
expired after filing of the petition. Shri V.K. Sethi was
one of the executors named in the 'Will' and was only
imp leaded as a proforma respondent and no relief was
claimed against him. The petitioners are also the named
executors of the 'Will'. Since there was no opposition
to the petition, evidence was taken by way of affidavits.
Petitioner No. 2, Shri Pramod Ahuja, Shri Sewa Singh and
Shri Bul Chand Vishain Dass Navin, attesting witnesses of
the 'Will' have filed their respective affidavits by way
of evidence.
4. Shri Pramod Ahuja has testified that he had been
associated with the testatrix for the last more than 25
years. The deceased, being the devotee of Satsang, had
executed the 'Will' dated 5th January, 1991 in the
presence of one Shri S.L. Sondhi, the then Secretary of
the Satsang and the 'Will' was witnessed by Shri Bul
Chand Vishain Dass Navin as well as Shri Sewa Singh, who
is the present Secretary of the Satsang. The deponent,
being acquainted with the signatures of the deceased,
identified her handwriting and that of the attesting
witnesses Shri Sewa Singh and Shri Bul Chand Vishain Dass
Navin. The original 'Will' has been proved as Exhibit
P-1. Shri Pramod Ahuja has also proved the identity card
of the deceased issued by the Election Commission as
Exhibit PW-1/1. He also proved the deceased's PAN Card
as Exhibit PW-1/2. The house tax receipt pertaining to
House No. C-392, defense Colony, New Delhi, owned by the
deceased, is Exhibit PW-1/3. The Death Certificate of
the testatric in Gurmukhi is Exhibit PW-1/4, whereas
English Translation has been proved as Exhibit PW-1/5.
She had died at Amritsar as the generally stayed at B-31,
Dera Baba Jaimal Singh, Radha Soami Satsang Beas,
District Amritsar being a devotee. The testatrix had
moveable assets, as detailed in Schedule-II attached to
the affidavit and has been proved as Exhibit PW-1/6.
5. To the same effect are the affidavits of Shri
Sewa Singh and Shri Bul Chand Vishain Dass Navin. Both
of them were attesting witnesses to the 'Will'. They
have testified that on 5th January, 1991, the testatrix
had signed the 'Will' in their presence and in the
presence of Shri S.L. Sondhi (since died). They have also
deposed that they had also signed the 'Will' as attesting
witnesses Along with Shri S.L. Sondhi in the presence of
the testatrix and the testatrix had signed in their
presence. They have also deposed that at the time of
execution of the 'Will', the testatrix was in a sound
disposing state of mind and she was in perfect health.
6. In view of the averments made in the petition and
the deposition by way of affidavits of the witnesses, it
is abundantly clear that there was no opposition to the
petition. The averments made in the petition stand
proved by virtue of the deposition. In view of the
deposition of the witnesses, I am satisfied that at the
time of execution of the 'Will', the testatrix Smt.
D.A. Shahani was of sound 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. Both the petitioners are
named executors in the 'Will' and as such there is no bar
in grant of probate in their favor.
7. In view of my above discussion, I find that the
petition stands proved. The same is accordingly allowed.
The probate of the 'Will' is granted in favor of the
petitioners with regard to the properties mentioned in
the 'Will' including the moveable properties shown in
Schedule-II (Exhibit PW-1/6), subject to the petitioners
furnishing administration bond of the requisite value.
8. With these observations, the petition stands
disposed.
