O.S.Bawa vs State And Ors
2010 Latest Caselaw 135 Del

                                                     UNREPORTABLE

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                           FAO No.336/2008

                                Date of Decision: January 12, 2010


       O.S.BAWA                              ..... Appellant
                           Through Dr. Saif Mahmood, Advocate with
                           Mr. Sumant De, Advocate

                      versus


       STATE AND ORS                       ..... Respondents
                           Through Mr. Siddharth Bambha, Advocate

       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers 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

REKHA SHARMA, J. (ORAL)

This appeal has been preferred against the order of an

Additional District Judge dated July 09, 2008 dismissing a petition

filed by the appellant under Section 278 read with Section 234 of the

Indian Succession Act, 1925 for grant of Letters of Administration of

Will dated September 08, 2004 executed by Pushp Lata Ahuja in his

favour.

It is not disputed that Pushp Lata Ahuja upon her death left

behind four class-II legal heirs who were her three sisters and one

brother. The said legal heirs were ex-parte in the trial Court but in

the appeal before me they are being represented by a counsel.

Notwithstanding the fact that there was no opposition to the grant of

Letters of Administration from the respondents, the trial Court

disbelieved the Will on the ground that no reason has been assigned

by the testator in the Will for disinheriting her legal heirs and

bequeathing the property in favour of her brother-in-law and also on

account of the fact that no evidence was led with regard to the state

of health of the testator.

Having regard to the fact that there is no objection from the

legal heirs of the deceased-testator to the grant of Letters of

Administration to the Will dated September 08, 2004, the suspicion

expressed by the learned Additional District Judge with regard to the

execution of the 'Will' on the grounds as noticed above does not

survive. In any case, in so far as the state of health of the

deceased-testator is concerned, the appellant had stated before the

trial Court that the testator was in sound disposing mind at the time

the Will was executed.

For the fore-going reasons, I set-aside the impugned order

dated July 09, 2008 and grant Letters of Administration to the

appellant on furnishing valuation certificate from the Sub Divisional

Magistrate and paying stamp duty on the same and also completing

the other usual legal formalities.

List before the concerned Registrar for further necessary action,

on January 20, 2010.

REKHA SHARMA, J.

JANUARY 12, 2010 ka