Delhi High Court
Shri Subinder Jeet Singh Khurana vs State & Ors. on 2 June, 2011
Author: J.R. Midha
43
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 5/2007
% Date of Decision: 2nd June, 2011
SHRI SUBINDER JEET SINGH KHURANA..... Petitioner
Through : Ms. Megha Katari, Adv.
versus
STATE & ORS. ..... Respondents
Through : None.
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)
1. This is a petition under Section 276 of the Indian
Succession Act for grant of probate of the Will dated 8th
May, 2006 of late Rajinder Pal Kaur Khurana who died on
24th November, 2006 leaving behind one son, Subinder
Jeet Singh Khurana (the petitioner) and two grandsons,
Jasneet Singh Suri and Sarabjeet Singh Suri (respondents
No.2 and 3).
2. Notice of this petition was given to respondents No.2
and 3 as well as the general public by means of a citation
published in the Indian Express on 17th February, 2007 and
the Statesman on 19th February, 2007. There is no
opposition to the petition. Respondents No.2 and 3,
grandsons of Rajinder Pal Kaur Khurana have filed written
statement on 14th March, 2007 in which they have
admitted the Will dated 8th May, 2006 of their
grandmother and have given their no objection to the
grant of probate to the petitioner.
3. The deceased had left behind the following
immovable properties:-
(i) Plot bearing No.J-1293-C, Type-II, Palam Vihar,
Haryana ad-measuring 297.5 sq.yrds.
(ii) Half portion of plot No.105, ad-measuring 75 sq.yrds.
out of Khasra No.18/9, bearing House No.WZ-283/105,
situated in Village Khayala, Delhi known as West Block,
Vishnu Garden, New Delhi.
(iii) An industrial plot No.F-67, ad-measuring 100 meters
at Phase-II, Mayapuri, New Delhi.
(iv) Property bearing No.D-55, ad-measuring 90 sq. yrds.
Second Floor, Fateh Nagar, Jail Road, New Delhi.
4. The petitioner has examined two witnesses to prove
the Will. The petitioner appeared in the witness box as
PW-1 whereas one of the witness to the Will appeared as
PW-2.
5. PW-1, Subinder Jeet Singh Khurana deposed that he
was the only son of the deceased, Rajinder Pal Kaur
Khurana who has left behind a Will dated 8th May, 2006,
Ex.PW1/1. Apart from the petitioner, the deceased has left
behind two grandsons Jasneet Singh Suri and Sarabjeet
Singh Suri (sons of pre-deceased daughter). Respondents
No.2 and 3 who have given their no objection for grant of
probate/letters of administration. Late Rajinder Pal Kaur
Khurana was a permanent resident of Delhi at the time of
her death on 24th November, 2006. Copy of death
certificate has been proved as PW1/2. The schedule
containing the details of the properties of the deceased at
the time of her death have been proved as Ex.PW1/3
(Colly.). The petitioner also filed the original title deeds
pertaining to all the four properties owned by the
deceased. The details of immovable properties
bequeathed under the Will are Ex.PW1/4 (Colly.).
6. PW-2 deposed that Late Rajinder Pal Kaur Khurana
executed the Will in his presence and also in the presence
of the other attesting witness, Gulshan Dhawan who was
also present in the office of Sub-Registrar-II, Janak Puri,
New Delhi at the same time. PW-2 further deposed that
he and Gulshan Dhawan affixed their signatures on the
said Will at the request of testatrix late Rajinder Pal Kaur
Khurana.
7. The notice of the petition was issued to the Chief
Revenue Controlling Authority on 31st January, 2007 in
pursuance to which the valuation reports have been
received from the concerned authorities.
8. On the basis of the evidence on record, this Court is
satisfied that the Will Ex.PW1/1 is the last and valid
testament of late Rajinder Pal Kaur Khurana and the
petitioner is entitled to the grant of probate of the said
Will.
9. In the facts and circumstances of this case, petition
is allowed and the probate of the Will dated 8th May, 2006,
Ex.PW1/1 of late Rajinder Pal Kaur Khurana is directed to
be issued to the petitioner in respect of the estate of the
deceased upon furnishing of requisite Court-fees,
administration and security bonds by the petitioner.
J.R. MIDHA, J
JUNE 02, 2011
aj
