Smt.Harpreeet Suri vs Gov. Of Nct Of Delhi & Ors.
2010 Latest Caselaw 217 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI


%                      Judgment Reserved on: 11th January, 2010
                      Judgment Delivered on: 15th January, 2010




+                        TEST CASE No.6/2006



SMT. HARPREET SURI                          ......Petitioner
             Through:            Mr.M.K.Sharma, Sr. Advocate
                                 with Mr. Kumkesh Kumar, Advocate.
                      Versus

GOVT. OF NCT OF DELHI & ORS.      ........Respondents
              Through: Mr.P. Banerjee for R- 4 to R-7.


CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

     1. Whether the Reporters of local papers may be allowed to see
        the judgment?

     2. To be referred to the Reporter or not?                 Yes

     3. Whether the judgment should be reported in the Digest?
                                                          Yes

INDERMEET KAUR, J.

1. This is a petition under Section 276 of the Indian Succession

Act for grant of probate of the Will dated 02.9.1996 made by the

deceased Smt.Harbans Kaur.

2. Deceased Smt.Harbans Kaur died on 08.10.2002. She had

one son and two daughters. Her son Sh. S. Gurchanran Singh had

predeceased her and had left behind four legal heirs namely

Smt.Ambika Siddan his widow, two sons Sh. Gurbinder Singh

Siddana and Sh.Bhavdeep Singh Siddana and one daughter

Smt.Harneet Kaur Siddan. They have been arrayed as respondent

nos.4 to 7. Deceased had two daughters Smt. Maninder Pal Kaur

and Smt.Joginder Kaur; they have been arrayed as respondent

nos.3 and 4. The petitioner is the daughter of respondent no.3.

The husband of deceased had predeceased her.

3. It is stated that executor is not fully conversant with the

assets of the deceased which have to be ascertained from the other

legal representatives of the deceased. The schedule showing the

assets left by the deceased has been annexed as annexure A.

4. The immovable properties comprise as under:-

a)- Property no.5506(new),6907(old) situated on plot no.1

(western half) Basti Harphool Singh, (north) Ward

No.XIV, Sadar Thana Road, Delhi-6.

b) H.No.5301-2/XXVI, build on leasehold plot no.336/1,

Block D, Khasra No.3495/336, situated at Basti

Rehgarpura, Karol Bagh, New Delhi and now the property

known as 5301-2/16 at Hardhian Singh Road, Dev Nagar,

Karol Bagh, New Delhi-110005.

c) Property no.27, Block No.56, Khasra No.718/21,

Municipal no.8289 situated at Park Area, Karol Bagh,

New Delhi-110005.

d) Property no.7/5282 situated at Krishna Nagar, Karol

Bagh, New Delhi-110005.

e) Property Municipal No.5291/XVI, built on leasehold

plot Khasra no.3514/337, Block D, situated at Basti

Rehgarpura, Karol Bagh, New Delhi-110005.

The movable properties comprise as under:-

a) Shares, Debentures and other investments

b) Household articles, furniture etc.

c) Cash in banks or otherwise.

5. That after the death of Sh.Gurcharan Singh his widow

Smt.Ambika Siddana filed false and frivolous cases against the

petitioner as also the deceased Smt.Harbans Kaur. Two suits i.e.

suit No.1237/1996 for partition and permanent injunction and suit

No.1501/1996 for rendition of accounts had also been filed by

Smt.Ambika Siddana against the petitioner and the deceased. A

false and frivolous criminal complaint had also been initiated by

her. The purpose of these litigations was to usurp the properties of

the deceased Smt.Harbans Kaur.

6. That the deceased Smt.Harbans Kaur had executed a Will

dated 02.9.1996 when she was in good health and sound disposing

mind. This Will was executed in the presence of two witnesses

Sh.B.B. Bhagat and Sh.Virender Singh. The said Will had been

registered in the office of the Sub-Registrar, Delhi on the date of its

execution itself i.e. 2.9.1996.

7. That during her lifetime Smt.Harbans Kaur had disowned

and disinherited her daughter-in-law and her children and

publication to the said effect had also been effected in the

newspaper i.e. "National Herald" on 01.3.2000. The petitioner

being the grant daughter of the deceased and being the executor of

the Will of the deceased out of love and regard has filed this

present petition to preserve the property and distribute it in

accordance with the wishes of the deceased. As per the said Will

Smt.Maninder Pal Kaur is the only beneficiary of the deceased.

8. Respondents have been served and they have put in their

appearance. They have no objection to the grant of the probate of

the Will. No objections have been filed. On 20.8.2007 statement

was made on behalf of respondent nos.4 to 7 that they do not

intend to file any objection. The parties have in fact settled their

disputes and a compromise deed dated 17.1.2007 has been placed

on record.

9. Evidence by way of affidavit has been filed by the plaintiff.

She i.e. PW-1 has reiterated the averments made in the plaint. The

Will dated 02.9.1996 has been proved as Ex.PW-1/1. The

statement of Sh.B.B.Bhagat PW-2, the attesting witness, to the Will

has been recorded wherein he has deposed that he along with Sh.

Virender Singh, the other attesting witness, was present at the

time when the deceased Smt.Harbans Kaur had executed her Will.

She was in a sound state of mind. The Will has been duly proved.

10. Publication of these proceedings have been effected in "The

Statesman". Valuation report has also since been received. Under

Section 222 of Succession Act probate can be granted to an

executor appointed by the Will. There is no legal impediment as to

why the prayer made for in the present petition be not allowed.

11. The petition under Section 276 of the Indian Succession Act

is accordingly allowed and probate of the Will dated 02.9.1996 is

granted in the form set forth schedule-VI of the Indian Succession

Act. This order is passed subject to the payment of the necessary

court fees and on the petitioner executing the administration bond

and the surety bond.

(INDERMEET KAUR) JUDGE January 15, 2010 nandan