Ram Swaroop Khanna vs State
2011 Latest Caselaw 1203 Del

36
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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     TEST.CAS. 51/2011


%                                 Judgment dated 28th February 2012


      RAM SWAROOP KHANNA                 ..... Petitioner
              Through: Mr.Dilip Singh Advocate


                      versus

      STATE                                     ..... Respondent

Through: Mr.Gandharv Makkar , Advocate CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL)

1. This is a petition filed by petitioner under Section 276 of Indian Succession Act seeking grant of probate with respect to Will dated 21.12.2009 of late Sh.Laxami Narayan Chopra, who died at Delhi on 01.01.2010. Petition is also supported by the affidavit of the plaintiff and, Sh.Shampi Wahi, which have been exhibited as PW-1/A and PW-2/A, respectively.

2. In this case, notice was issued to Chief Controlling Revenue Authority Delhi, for submission of valuation report qua the estate of the deceased. Publication was also directed to be made in 'The Hindustan Times'. Copies of citations have been placed on record. Valuation Reports have been received.

3. Despite service, none has entered appearance on behalf of the close relations.

4. The petitioner has filed his affidavit by way of evidence, marked as Exhibit PW-1/A, wherein he has deposed that Sh.Laxami Narayan Chopra, testator, died on 1.1.2010 at T-417, Gali Pahar Wali, Pahari Dhiraj, Delhi. Copy of the death certificate of Sh. Laxami Narayan Chopra, dated 22.01.2010 has been exhibited as Exhibit PW-1/1.

5. In the affidavit filed by PW-1/A, he has extracted the details of movable and immovable properties of late Sh.Laxmi Narayan Chopra. This witness has further deposed that testator was not married, he was living with him and the testator treated the petitioner like his son. He has also deposed that he is the son of the real sister of the testator and there is no other surviving relative of the testator. This witness has further goes on to state that the Will dated 21.12.2009 executed by Sh.Laxami Narayan Chopra was the last and final Will and the said Will was signed by the testator at Delhi in the presence of two attesting witnesses, who, also in the presence of others, had signed the said Will as attesting witnesses. Petitioner has also deposed that at the time of execution of the Will the testator was of sound disposing mind and health. This Will has been exhibited as PW-1.

6. Affidavit by way of evidence has also been filed by PW-2/A, Sh.Shampi Wahi, one of the attesting witness to the Will dated 21.12.2009. This witness has deposed that Sh.Laxmi Narayan Chopra had executed the Will dated 21.12.2009 and the same was signed by him as an attesting witness with other witness, namely, Smt. Pushpa Kapoor. He has further deposed that the Will dated 21.12.2009 was signed by the testator in his presence and in the presence of Smt.Pushpa Kapoor and they had also signed the said Will in the presence of the testator and in the presence of each other. This witness has further deposed that at the time of signing of the Will dated 21.12.2000 the testator was physically and mentally fit and signed the same while possessing sound mind.

7. In view of the testimony of the petitioner and the attesting witnesses, it is proved that late Sh.Laxmi Narayan Chopra executed the Will dated 21.12.2009 which was his last Will. Accordingly, the present petition is allowed. Probate of the Will of late Sh.Laxmi Narayan Chopra dated 21.12.2009 be granted in favour of the petitioner as per Schedule VI of Indian Succession Act, subject to petitioner filing the necessary Court Fee and furnishing administrative and surety bond.

8. Petition stands disposed of.

G.S.SISTANI,J FEBRUARY 28, 2012 ssn [PDF]