Delhi High Court
Mrs. Sneh Bahl And Others vs State And Another on 27 April, 2010
Author: J.R. Midha
8
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS.97/2008
Date of Decision: 27th April, 2010
%
MRS. SNEH BAHL AND OTHERS ..... Petitioners
Through : Mr. Jagjit Singh, Adv.
versus
STATE AND ANOTHER ..... Respondents
Through : Ms. Neerja Kanwar, R-2 in
person.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
(Corrected vide order dated 19th May, 2010)
1. This is a petition for grant of letters of administration
relates to the will dated 19th March, 2002 of Late P.N. Kanwar
with respect to the property bearing No.M-259, Greater
Kailash-II, New Delhi.
2. Late P.N. Kanwar expired on 1st February, 2005. The
deceased was a permanent resident of Delhi at the time of
his death. The original death certificate of the deceased is
on record.
3. The deceased was survived by two sons and two
daughters. The wife and mother of the deceased had
already pre-deceased him. Petitioners No.2 and 3 are the
sons and petitioner No.1 and respondent No.2 are the
daughters of the deceased.
4. The deceased left behind a Will dated 19th March, 2002.
The original will dated 19th March, 2002 was in possession of
respondent No.2 who produced the same before this Court
on 21st July, 2009.
5. The Will dated 19th March, 2002 was witnessed by
Sudershan Lal Baluja and Swaran Singh. Swaran Singh
appeared in the witness box as PW-2. PW-2, a practicing
lawyer, deposed that he was present at the time of execution
of the Will and he saw the testator execute the will in his
presence and he affixed his signature as a witness on the
said will in the presence of the testator and the second
witness, Sudershan Lal Baluja who also signed the said will in
his presence. The original Will is Ex.PW2/1.
6. The Will, Ex.PW2/1 is registered with Sub-Registrar VII.
The record of the Sub Registrar was produced by PW-3 who
compared the Will, Ex.PW2/1 with the official record and
deposed that same to be true and correct as per the record.
PW-3 further deposed that the will, Ex.PW2/1 was duly
registered vide Registration No.5494 in Book No.III Volume-
280 at pages 105 to 106 on 19th March, 2002.
7. After the death of Late P.N. Kanwar, petitioner No.3
executed a declaration-cum-undertaking in which he
admitted the will dated 19th March, 2002 to be the last will of
the deceased and he accepted the will and further undertook
not to challenge the same. The original declaration-cum-
undertaking was registered with the Sub-Registrar V. PW-4
appeared from the office of Sub Registrar V and produced
the record relating to the declaration-cum-undertaking dated
2nd March, 2005 and proved the same as Ex.PW4/1. PW-4
confirmed that Ex.PW4/1 was duly registered vide
registration No.2794 in Book No.4, Volume-2422 at pages 78
to 79 on 2nd March, 2005. Mr. Viththal Bahl witnessed
Ex.PW4/1 and he appeared in the witness box as PW-5 and
identified the signatures of petitioner No.3 and the
confirming parties as well as his signatures on the said
document.
8. Petitioner No.1 appeared in the witness box as PW-1
and deposed that the Letters of Administration in respect of
will dated 19th March, 2002 of Late P.N. Kanwar is required
only in respect of property bearing No.M-259, Greater
Kailash-II, New Delhi. PW-1 further deposed that the other
movable and immovable estate of the deceased has already
been administered in terms of the will of the deceased. PW-1
deposed that the property bearing No.M-259, Greater
Kailash-II, New Delhi has been bequeathed by the deceased
in the following manner:-
(i) Ground floor and ground floor garage has been
bequeathed to petitioner No.2.
(ii) First floor and first floor area above garage has
been bequeathed to petitioner No.1.
(iii) Second floor with terrace rights and two quarters
above first floor of the garage have been
bequeathed to respondent No.2.
(iv) Parking rights in driveway have been given to
petitioner No.2 and respondent No.2 and parking
rights outside the boundary walls have been given
to petitioner No.1.
9. PW-1 further deposed that the deceased had already
done a settlement with petitioner No.3 during his lifetime
and, therefore, no share has been given to petitioner No.3 in
property No.M-259, Greater Kailash-II, New Delhi. Petitioner
No.3 also settled the matter with petitioners No.1 and 2 and
respondent No.2 after the death of their father and in terms
of the said settlement, petitioner No.3 has given a
declaration-cum-undertaking, Ex.PW4/1 which is duly
registered with the Sub Registrar. PW-1 further deposed that
petitioner No.1, petitioner No.2 and respondent No.2 are in
occupation of their respective portions of the suit property as
per the Will of the deceased.
10. Respondent No.2 appeared in the witness box as RW-1
and confirmed/accepted the will-Ex.PW2/1 and gave her no-
objection to the grant of Letters of Administration in respect
of the will of the deceased.
11. The citation has been duly published in Statesmen on
25th December, 2008 and in Times of India on 26th December,
2008. There is no impediment in the grant of Letters of
Administration in respect of the will of the deceased.
12. From the uncontroverted and unrebutted testimony of
the witnesses, the registered Will dated 19th March, 2002 of
the deceased has been proved and, therefore, petitioners
No.1 and 2 and respondent No.2 are entitled to the Letters of
Administration in respect of Will dated 19th March, 2002 of
Late P.N. Kanwar in respect of the property bearing No.M-
259, Greater Kailash-II, New Delhi.
13. In view of the above, the Letters of Administration with
annexed will of Late P.N. Kanwar dated 19th March, 2002 are
granted to the petitioner in respect of property bearing No.M-
259, Greater Kailash-II, New Delhi. On the petitioner
furnishing requisite administration bond and Court fees, the
Registry shall draw the instrument of Letters of
Administration with will annexed.
J.R. MIDHA, J
APRIL 27, 2010
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