Delhi High Court
Smt. Gagan Gill vs State And Anr. on 28 February, 2006
Author: A Kumar
Bench: A Kumar
JUDGMENT
Anil Kumar, J.
1. This is a petition under Section 232 of the Indian Succession Act for grant of letter of administration with the will dated 2nd August, 2000 of late Shri Nirmal Verma annexed to the petitioner. The petitioner contended that she is the wife of late Shri Nirmal Kumar Verma resident of YAI, Sah Vikas Housing Society, 68, I.P. Extension, Patpar Ganj, Delhi, who died on 25th October, 2005.
2. It was contended by the petitioner that late Shri Nimral Verma was the permanent resident of Delhi and at the time of his death he left behind the properties which are detailed in Schedule A of the petition which properties are immoveable property at YAI, Sah Vikas Housing Society, 68, I.P. Extension, Patpar Ganj, Delhi and copyrights of all the works published and unpublished, authored by late Shri Nirmal Verma including the translations.
3. Petitioner contended that late Shri Nirmal Verma was a world renowned celebrity writer and he wrote more than 300 books. Many of his works were translated in French, German and English and BBC made film on his life and works in 1988 which was the first such film on a Hindi writer. Late Shri Nirmal Verma was also awarded Bhartiya Jnanpith award in 2000, Padma Bhushan in 2002, French Knight of the Order of Arts and Literature in 2004, Fellow of Sahitya Akademi in 2005. Late Shri Nirmal Verma was Chancellor of Mahatma Gandhi International Hindi University, Vardha as a special appointee of President of India and he was also the official nominee of India for Nobel Price for literature, 2005.
4. It was averred that after the demise of Shri Nirmal Singh, his copyrights in his works and books have devolved upon the petitioner who had been asking the publishers to furnish the accounts and pay the royalty in respect of his books and works, however, such publishers are insisting on a letter of administration.
5. According to the petitioner, late Shri Nirmal Verma did not die intestate but executed a legal and valid will dated 2nd August, 2000 in presence of Smt. Vimla Verma and Shri Ram Kumar and in his will petitioner is the sole beneficiary being his wife. On the death of Shri Nirmal Verma, he left two legal representatives, petitioner and his daughter. It was contended that the daughter of the deceased has also accepted the will of late Shri Nirmal Verma and she has no objection to grant of letter of administration with the will of late Shri Nirmal Verma annexed in respect of the properties of late Shri Nirmal Verma.
6. he petition filed under Section 232 of Indian Succession Act had the declarations of the attesting witnesses of the will, Smt. Vimla Verma and Shri Ram Kumar and also the death certificate and the original will dated 2nd August, 2000.
7. general notice of the petition was published, however, no objections have been filed against the grant of letter of administration with the will of the deceased annexed. The daughter, legal representative of deceased, late Shri Nirmal Verma, filed a written reply to the petition contending that she admits the will of her father and has no objection to grant of letter of administration with will annexed in favor of petitioner. The respondent/ daughter of the deceased, also filed her deposition contending that her mother, Bakul Vora, aged about 70 years and her father were divorced in 1976 where after Shri Nirmal Verma had married Gagan Gill, petitioner, in a civil marriage at Delhi on 9th November, 1989 and the petitioner is his surviving wife. She averred that there is no other legal heir of late Shri Nirmal Verma, and she does not have any rights in any of the estates of late Shri Nirmal Verma and she has relinquished all her claims, if any.
8. The petitioner also filed her evidence on affidavit and categorically asserted that she was married to late Shri Nirmal Verma and she proved the marriage certificate as Ex. P1. She proved the original death certificate dated 25th October, 2005 of the deceased as Ex.P2. She identified the signatures of two witnesses on the will. The witnesses of the will had also filed their evidence by affidavit dated 12th December, 2005 deposing categorically that the will is signed by late Shri Nirmal Verma and they had signed the will after Shri Nirmal Verma had signed the will. The petitioner thus proved the will of the deceased as Ex.P3 and contended that the will dated 2nd August, 2000 is the last will of the deceased. A categorical deposition was made that late Shri Nirmal Verma had left behind only two class I heirs, petitioner and respondent, and there is no other class I legal heir of the deceased. Conveyance of the flat in favor of the deceased was proved as Ex P-9 and the details of various works of the deceased and movable and immovable properties in respect of which the letter of administration was sought by the petitioner as Ex.P10 (Schedule III).
9. I have heard the learned senior counsel, Dr. L.M. Singhvi. The petitioner has been able to establish that she is the class I heir, widow of late Shri Nirmal Verma who had executed the will dated 2nd August, 2000. No objections have been filed by any of the near relatives. No objections have been filed by any relatives of the deceased to his will dated 2nd August, 2000 and there does not seem to be any impediment in grant of letter of administration with the will annexed.
10. Consequently, I grant letter of administration with will dated 2nd August, 2000 Ex.P3 annexed to the petition in respect of properties of the deceased Shri Nirmal Verma, subject to petitioner furnishing requisite court fee and bond for administration in accordance with law and the rules and regulations. The petition is disposed of.
