Delhi High Court
Satish Kumar Sud & Anr vs State & Anr on 2 May, 2011
Author: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 55/2010 & IA No.7050/2011
% Date of Decision: 2nd May, 2011
SATISH KUMAR SUD & ANR ..... Petitioners
Through : Ms. Ginny Jetley Rautary, Adv.
versus
STATE & ANR ..... 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 25th
October, 2008 of late Kishori Lal Sud who died on 24th
December, 2009 leaving behind two sons, Satish Kumar Sud
and Vijay Kumar Sud (the petitioners) and one daughter,
Suman Sud (respondent No.2).
2. Notice of this petition was given to respondent No.2 as
well as the general public by means of a citation published
in Statesman on 30th August, 2010. There is no opposition
to the petition. Respondent No.2, daughter of late Kishori
Lal Sud has filed reply dated 14th September, 2010 in which
she has admitted the Will dated 25th October, 2008 of her
father and has given her no objection to the grant of
probate to the petitioners. Respondent No.2 has also
admitted the 7/16th share of each of the petitioners in terms
of the Will of her father. Respondent No.2 has also
admitted her share in the suit property to be 1/8th.
3. The deceased had 5/8th share in property bearing
No.C-31, Kirti Nagar, New Delhi-110015 which was
purchased by jointly late Kishori Lal Sud and his wife Savitri
Sud vide sale deed dated 16th February, 1961. Savitri Sud
died interstate on 20th April, 1989 whereupon her 1/2 share
devolved equally upon her husband and three children. As
such, late Kishori Lal Sud became owner of 5/8th share (1/2
+ 1/8) and the three children became owner of 1/8th share
of the suit property.
4. The petitioners have examined three witnesses to
prove the will of their father. Petitioner No.1 appeared in
the witness box as PW-1 whereas the two witnesses to the
Will appeared as PW-2 and PW-3.
5. PW-1 Satish Kumar Sud deposed that her father late
Kishori Lal Sud was the permanent resident of C-31, Kirti
Nagar, New Delhi-110015 and he died on 24th December,
2009. The original death certificate was proved as
Ex.PW1/1. PW-1 further deposed that his parents were the
joint owners of the property bearing No.C-31, Kirti Nagar,
New Delhi-110015 by virtue of sale deed dated 16th
February, 1961 which was proved as Ex.PW1/2. Smt. Savitri
Sud expired on 20th April, 1989 whereupon her 1/2 share
devolved upon her husband and three children in equal
shares. As a result, Kishori Lal Sud became owner of 5/8th
share whereas the petitioners and respondent No.2 became
owner of 1/8th share each in the suit property. Late Kishori
Lal Sud expired on 25th December, 2009 leaving behind Will
dated 25th October, 2008 whereby his 5/8th share devolved
upon petitioners No.1 and 2. The original Will dated 25 th
October, 2008 was proved as Ex.PW1/3.
6. PW-2 J.N. Rampal and PW-3 N.K. Narula deposed that
they knew late Kishori Lal Sud and his family for a very long
time. They further deposed that the deceased Kishori Lal
Sud executed the Will in their presence and they signed the
Will as witness in the presence of the deceased and
presence of each other.
7. The notice of the petition was issued to the Chief
Revenue Controlling Authority on 2nd August, 2010 in
pursuance to which the valuation report has been received
from the Tehsildar, Sub-Division, Rajouri Garden on 10th
November, 2010.
8. On the basis of the evidence on record, this Court is
satisfied that the Will Ex.PW1/3 is the last and valid
testament of late Kishori Lal Sud and the petitioners are
entitled to the grant of probate of the said Will. Respondent
No.2 has given her no objection to the grant of probate.
9. The petitioner has sought the dispensation of
administration and security bonds in I.A. No.7050/2011 on
the ground that the petitioners are the natural heirs of the
deceased and are in possession of the suit property in terms
of the Will of the deceased and respondent No.2 has given
her no objection to the grant of probate. In the cases of
Sambhu P. Jaisinghani v. Kanayalal P. Jaisinghani 60
(1995) DLT 1 and Shakuntala Taxali v. State 61(1996)
DLT 267, this Court dispensed with the administration and
security bonds on similar grounds. Following the aforesaid
judgments, the requirement of administration and security
bonds is dispensed with.
10. In the facts and circumstances of this case, petition is
allowed and the probate of the Will dated 25th October,
2008 of late Kishori Lal Sud is directed to be issued to the
petitioners in respect of the estate of the deceased upon
furnishing of requisite Court-fees by the petitioners.
J.R. MIDHA, J
MAY 2, 2011
s.pal
