Mr. Amardeep Singh vs State And Others
2012 Latest Caselaw 1097 Del

$~15
*IN THE HIGH COURT OF DELHI AT NEW DELHI

+      TEST.CAS. 100/2008
                                     Decided on 16th February, 2012

       MR. AMARDEEP SINGH                           ..... Petitioner
                    Through:           Mr. Janendra Lal and
                                       Ms. Jasmin Tarapore, Advs.
                         versus

       STATE AND OTHERS                             ..... Respondents
                    Through:           None.

       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, 1956 for grant of probate of Will dated 20 th

November, 2006 of Late Col. Sohan Singh (hereinafter referred to

as the "Testator"). Petitioner is the named „Executor‟ in the Will.

2. As per the petitioner, Testator died on 2nd January, 2008.

Testator has left behind his widow Smt. Neelam Kaur, Mr.

Amardeep Singh (son), Mrs. Jitender Wirk (wife of predeceased

son), Mr. Kuldeep Singh Wirk (son) and Mrs. Komal Sutton

(daughter). At the time of his death Testator had a fixed place of

residence at 1, Harcharan Bagh, Andheria Mor, Kaziwala Bagh,

Mahipalpur Road, Mehrauli, New Delhi, within the territorial

jurisdiction of this Court. Before his death Testator had executed a

Will dated 20th November, 2006 duly registered as document no.

8380 in Book no. 3, Volume 1.537 at pages 166-167 with the Sub-

Registrar of Assurances-V, New Delhi. This was the last Will and

the testament of the Testator. The aforesaid Will was executed by

the Testator in presence of Mrs. Taranjit Kaur Wirk, Mrs. Biban

Atal and Mr. R.S. Mann, Advocate. Vide this Will Testator has

bequeathed his entire estate in the manner as detailed in the Will.

The properties left behind by the Testator have been mentioned in

the Annexure „C‟ out of which two are within the territorial

jurisdiction of this Court. Testator has not left behind any other

legal heir except the persons whose names have been mentioned in

the Annexure „D‟.

3. Citation has been published in the newspaper "The

Statesman" dated 9th January, 2009. However, no public person has

filed any objection against the grant of probate. Legal heirs of the

Testator have also been duly served. Mr. Kuldeep Singh Wirk and

Mrs. Komal Sutton had appeared in Court through their lawyer on

27th July, 2009. However, they did not file any objection against

grant of the probate of the Will inasmuch stopped appearing in the

Court. Other relatives of the Testator have also not opposed the

grant of probate by filing objections to the petition.

4. Respondent no. 1, State, has also been served. Valuation

report has been received from the office of Sub Divisional

Magistrate, Connaught Place, New Delhi in respect of Barakhamba

Road property. However, no valuation report has been received in

respect of the Mehrauli property as also the property situated in

Punjab.

5. Petitioner has led evidence in support of this petition.

Petitioner has filed his own affidavit in his evidence and has

reiterated the averments made in the petition which have been

narrated in brief in para 2 hereinabove. Death certificate of

Testator has been proved as Ex. PW1/1.

6. PW2 Smt. Biban Atal and PW3 Smt. Taranjit Kaur Wirk

have also filed their respective affidavits in evidence. PW2 Smt.

Biban Atal has categorically deposed that she went to the office of

Sub Registrar Assurances-V, New Delhi where Late Col. Sohan

Singh (Retd.) was present and he informed her that he had made his

Will. He had signed and executed the Will in her presence and in

presence of other witness, namely, Smt. Taranjit Kaur Wirk. She

and the other witnesses have appended their signatures on the Will

as attesting witnesses in the presence of Testator. All of them

signed in presence of each other. The Will was registered with the

Sub Registrar Assurances-V, New Delhi as document no. 8380 in

Book no. 3, Volume 1.537 at pages 166-167 on 20th November,

2006. She has identified her signatures, signatures of the Testator

as well as the signatures of other witness Smt. Taranjit Kaur Wirk

on the Will at point X, Y and Z respectively. She has proved the

Will as Ex. PW2/1. PW 3 Smt. Taranjit Kaur Wirk has also

deposed in line with PW2 Smt. Biban Atal.

7. From the statements of the aforesaid witnesses coupled with

the documents placed and proved on record, I am satisfied that the

petitioner has succeeded in proving that Testator had executed the

Will (Ex. PW2/1). I do not find any impediment in grant of probate

of the Will to the petitioner.

8. For the foregoing reasons, I grant probate of the Will dated

20th November, 2006 of Late Col. Sohan Singh (Retd.) to the

petitioner, subject to the valuation of properties situated at

Mehrauli, and Punjab and on petitioner paying requisite court fees

and furnishing an administrative bond with one surety, to the

satisfaction of Registrar General of this Court.

9. Petition is disposed of in the above terms.

A.K. PATHAK, J.

FEBRUARY 16, 2012 ga