Surinder Kumar Malhotra vs The State And Ors.
2011 Latest Caselaw 5974 Del

$~37
*IN THE HIGH COURT OF DELHI AT NEW DELHI

+      TEST.CAS. 34/2010
                               Decided on:7th December, 2011

       SURINDER KUMAR
       MALHOTRA                                   ..... Petitioner
                   Through           : Mr. Bijender Singh, Adv.

                   versus

       THE STATE AND ORS.                     ..... Respondents
                    Through          : Mr. Anuj Malhotra, Adv.
                                     for R-2 to R-12

CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK


A.K. PATHAK,J. (ORAL)

1. Petitioner has filed this petition under Section 276 of the

Indian Succession Act, 1925 (for short hereinafter referred to as

"the Act") seeking probate of the Will dated 26 th June, 1997 left

behind by Late Smt. Leela Vohra, daughter of Shri Bishan Singh.

2. It is alleged that Smt. Leela Vohra died on 26th October,

2009. Before her death she executed a Will dated 26th June, 1997,

which was duly registered in the office of Sub-Registrar III vide

registration no. 2598, Additional Book No. III, Volume No. 992 at

pages 86-91 on 7th July, 1997. Late Smt. Leela Vohra bequeathed

her moveable and immoveable properties, as shown in "Schedule-I"

annexed with the plaint, in the manner as detailed in the Will. The

testatrix has appointed the petitioner and Ms. Neeru Abrol, as joint

executors of the Will. The Will was drafted by Mr. S.D. Banda,

Advocate r/o B-42, Defence Colony, New Delhi - 110024 and was

witnessed by Ms. Neeru Abrol, Mr. C. P. Malhotra, Dr. Bimal K.

Chhajer and Ms. Santosh Mehta. Late Smt. Leela Vohra was of

sound and disposing mind at the time of executing the Will.

3. Initially legal heirs of testatrix were not impleaded as

respondents. On the application filed by the petitioner under Order

1 Rule 10 CPC, all the legal heirs of the deceased were impleaded

as respondent nos. 2 to 12. All the legal heirs, that is, respondent

nos. 2 to 12 have filed their respective affidavits stating therein that

they have no objection if the probate of Will dated 26 th June, 1997

is granted in favour of the petitioner.

4. Citation has been published in the newspapers "The Times of

India" English edition and "Navbharat Times" Hindi edition, both

dated 9th June, 2010. No one has preferred any objection opposing

the grant of probate of the Will in question.

5. After service of notice on the respondent No. 1 (State). Mr.

R.K. Taneja, Junior Engineer working in the office of SDM Saket,

appeared in Court on 30th August, 2010 and produced the valuation

report dated 28th August, 2010, which is on record.

6. Petitioner has been examined as PW1. He has tendered his

affidavit in evidence. He has supported the averments made in the

petition. He has proved the Death Certificate of Late Smt. Leela

Vohra issued by the Municipal Corporation of Delhi (MCD) as Ex.

PW1/A. He has deposed that deceased has left behind her last Will

and Testament dated 26th June, 1997 duly registered with the office

of Sub-Registrar, New Delhi. Certified copy of the Will dated 26 th

June, 1997 is Ex. PW2/A. Petitioner has deposed that he along with

Ms. Neeru Abrol has been named as an executor. Will was

executed in presence of the attesting witnesses, namely, Ms. Neeru

Abrol, Mr. C. P. Malhotra, Dr. Bimal K. Chhajer and Ms. Santosh

Mehta and was drafted by Sh. S.D. Banda, Advocate. Schedule of

the properties has been exhibited as Ex. PW1/B. Smt. Santosh

Mehta, is one of the attesting witnesses and has stepped in the

witness box as PW2. She has tendered her affidavit in evidence.

She has deposed that she had signed the Will dated 26 th June, 1997

executed by Smt. Leela Vohra, as one of the attesting witnesses in

the presence of the testatrix and other attesting witnesses; she had

seen the testatrix and other attesting witnesses signing the said Will

in her presence at the same time. She reiterated that she had signed

the Will Ex. PW2/A at point „X‟ at the request of testatrix. She

further deposed that Late Smt. Leela Vohra appeared before the

Sub-Registrar in her presence who enquired from her about the

contents of Will Ex. PW2/A. Ms. Neeru Abrol has also filed her

affidavit in evidence stating therein that she was an attesting

witness to the Will dated 26th June, 1997. She has deposed that she

is one of the joint executors with the petitioner but she has no

objection in case a probate is granted in favour of the petitioner.

During the course of hearing, it is contended that Ms. Neeru Abrol

is not interested in executing the Will dated 26th June, 1997,

therefore, probate be granted in favour of other executor, that is,

petitioner.

7. In the above facts, I do not find any impediment in

accepting the Will (Ex.PW2/A) executed by Late Smt. Leela

Vohra and grant probate of the same to the petitioner, subject

to payment of necessary court fee and furnishing administrative

and surety bonds to the satisfaction of the Registrar General.

A.K. PATHAK, J.

DECEMBER 07, 2011 rb