Shri Amarjit Singh vs State
2009 Latest Caselaw 2118 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       Test Case No. 21/2007

%                       Date of Decision: MAY 18, 2009

# Shri Amarjit Singh
                                                       ..... Petitioner
!                       Through: Mr. Sunil Aggarwal, Advocate.

                                 Versus

$ State
                                                       .....Respondent

^                       Through: Nemo

CORAM:

HON'BLE MR. JUSTICE S.N. AGGARWAL

1. Whether reporters of Local paper may be allowed to see the judgment? NO

2. To be referred to the reporter or not? NO

3. Whether the judgment should be reported in the Digest? NO

S.N.AGGARWAL, J (ORAL) This is a petition under Section 276 of the Indian Succession

Act, 1925 filed by the petitioner for grant of probate of registered

will dated 28.02.1995 allegedly executed by his paternal uncle late

Shri Joginder Singh. At the time of his death he was survived by his

widow Smt.Nirmal Kaur, who is also stated to have died during the

pendency of the present probate proceedings on 30.03.2007.

2 After the death of the widow of the deceased testator,

his other Class-II legal heirs being his brother and three sisters were

brought on record. An amended list of relatives of deceased

testator was placed on record which includes the name of deceased

testator's brother and three sisters. Notices of the present

proceedings were sent to all of them and in response to notices

sent to them they have filed their no objection to the grant of

probate of the will dated 28.02.1995 of deceased testator Shri

Joginder Singh to the petitioner. Their no objections are Exs. PW1/3

to PW1/6.

3 Citation of the present petition was got published in "The

Statesman" of 18.05.2007 Edition. Notice was also sent to the

Chief Controlling Revenue Authority for furnishing the valuation

report qua the estate of the deceased testator. In response to the

notice sent to the Chief Controlling Authority, SDM, Narela has filed

his valuation report regarding the estate left by the deceased

testator which is available in Part-I file.

4 None of the relatives of the deceased testator has filed any

objection against the will propounded by the petitioner in the

present petition. The petitioner has proved the will dated

28.02.1995 of his paternal uncle late Shri Joginder Singh by filing

his own affidavit and the affidavit of one of the attesting witnesses

of the will, namely, Shri Narender Singh, S/o Shri Hukum Singh.

Both these affidavits filed by the petitioner in evidence to prove the

will in question have been tendered in the statement of the

petitioner and the statement of the attesting witness recorded

before the Joint Registrar as documents Ex.PW1/A and Ex.PW2/A

respectively.

5 I have heard the arguments of Mr.Sunil Agarwal, learned

counsel appearing on behalf of the petitioner and have also gone

through the entire case file carefully.

6 The will propounded by the petitioner in this petition is

Ex.PW1/2. This is a duly registered will shown to have been

executed by the deceased testator Shri Joginder Singh in presence

of the two attesting witnesses as required by law. PW-2 Shri

Narender Singh, being one of the attesting witnesses of the will in

question has testified in his evidence that the will Ex.PW1/2 was

executed by the deceased testator in his presence and also in

presence of the other attesting witness Dr. Narendra Singh, S/o Shri

Karam Singh and they all three had signed the said will in presence

of each other. The petitioner in his affidavit has deposed that the

deceased testator at the time of executing the will in question was

possessed of good health and sound disposing mind. The

testimony of the petitioner and that of the attesting witness on

record has remained un-rebutted and I have no reason to doubt the

same.

7 The deceased testator had acquired several properties during

his lifetime as mentioned in his will in question. Mr.Agarwal,

learned counsel appearing on behalf of the petitioner has submitted

that all these properties stood transferred in favour of the petitioner

during the lifetime of the deceased testator. It is submitted that

after the death of the deceased testator it was found that he was

having 50% share in plot No.CW-311 Sanjay Gandhi Transport

Nagar, Delhi and now this petition has been filed restricted only to

the interest of the deceased testator in the said property.

8 On an evaluation of the evidence produced by the petitioner

regarding the will in question, I find that the will Ex.PW1/2 executed

by late Shri Joginder Singh in favour of the petitioner proved to be is

his last testament executed by him while he was possessed of

sound disposing mind. The testator has not appointed any

executor of his will in question. The petitioner is only a beneficiary

of his will. Hence the petitioner will be entitled to the grant of letter

of administration in stead of probate of will dated 28.2.1995 of late

Shri Joginder Singh. Accordingly, a letter of administration in

respect of will dated 28.02.1995 of late Shri Joginder Singh along

with a copy of the will annexed therewith is granted in favour of the

petitioner. The Registry may prepare the necessary letter of

administration on deposit of requisite stamp papers by the

petitioner on the valuation of 50% share held by the deceased in

property being plot No. CW-311 Sanjay Gandhi Transport Nagar,

Delhi as per the valuation report submitted by the SDM, Narela.

The petitioner being the sole beneficiary under the will of the

deceased testator is exempted form furnishing the administration

bond required for due administration of the estate of the deceased.

The original will of the deceased testator be kept in the safe

custody in a locker with the Registrar General of this Court.

9 In view of the above, this petition stands disposed of.

May 18, 2009                                  S.N.AGGARWAL
vg                                                 [JUDGE]