Delhi High Court
Shri Puran Chand Arora (Since ... vs The State Of Nct Of Delhi And Others on 2 February, 2012
Author: Manmohan Singh
.* HIGH COURT OF DELHI : NEW DELHI
+ TEST CASE No. 26/2009
% Order decided on : 02.02.2012
Shri Puran Chand Arora (since deceased) Through LRS
.....Petitioners
Through: Ms. Manisha T. Karia, Adv.
Versus
The State of NCT of Delhi and Others ..... Respondents
Through: Mr. Udit Gupta, Adv. for R-2 & 3
Coram:
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.(Oral)
1. This petition has been filed by the petitioner seeking
probate/letters of administration of the Will dated 12.11.2000 executed
by Late Sh. Vishwadev Sachdev S/o Late Lala Harichand under
Section 278 of the Indian Succession Act, 1925. The case of the
petitioner is that Late Sh. Vishwadev Sachdev, resident of 7, Babar
Road, Bengali Market, New Delhi died on 16.03.2008 at Pushpanjali
Nursing Home, Delhi, at the age of 88 years leaving behind the Will
dated 12.11.2000, as his last Will and Testament.
2. Late Sh. Vishwadev Sachdev, appointed Mr. Prithvi Raj
Kumar S/o Lata Malak Chand Kumar R/o D-17, NDSE, Part I, New
Delhi to be the executor of his Will dated 12.11.2000. However, Mr.
Test Case No.26/2009 Page 1 of 5
Prithvi Raj Kumar passed away on 30.09.2004. A copy of his death
certificate is annexed as Annexure "C".
3. It is stated in the petition that the deceased Sh. Vishwadev
Sachdev was issueless and his wife Mrs. Nirmal Sachdev had died on
20.08.1981. The petitioner herein is the real brother of Late Mrs.
Nirmal Sachdev and brother-in-law of deceased Sh. Vishwadev
Sachdev. The deceased Sh. Vishwadev Sachdev had four brothers but,
all of them died before him. He also had two sisters namely, Mrs.
Sukesh Prem Nath R/o A-16, Pushpanjali Enclave, Vikas Marg, New
Delhi-110092 and Mrs. Subhasmhimi Mehta R/o I- block, Flat No.536,
Kamana Halli Road, Bangalore-43.
4. It is further stated that the Will of Late Sh. Vishwadev
Sachdev is divided into two parts. In first part of the Will, in para 4 (a),
the immoveable property situated at 7, Babar Road, built on Plot
No.135, Block No. 205-C, measuring 287.5 square yards at Bengali
Market (hereinafter referred to as the said property) is bequeathed in
favour of the petitioner to the exclusion of all other heirs. The property
is more particularly described in Schedule -A. In para 9 of the Will
dated 12.11.2000 it is stated that in case Late Sh. Vishwadev Sachdev
leaves any other immoveable properties at the time of his death, which
is not specifically bequeathed in the Will, the same shall also go to the
petitioner, to the exclusion of all others.
5. It is averred in the petition that the said property originally
belonged to the aunt (bua) of the petitioner who had bequeathed the
same to Late Mrs. Nirmal Sachdev and she bequeathed it to her
husband Late Sh. Vishwadev Sachdev.
Test Case No.26/2009 Page 2 of 5
6. In the second part of the Will, several moveable properties
like UTI Funds, Fixed Deposits, shares etc. have been described and in
para 8 of the Will it is stated that the cash assets listed in para 7 of the
Will shall be pooled and half of the cash assets, after discharging all the
sundry payments like electricity/telephone bills, house tax etc. is to be
transferred to the fund to be named as "Nirmal Dhingra Sachdev
Trust" to be utilized for social welfare and charity by the executor of
the Will and the rest half is to be distributed equally (5% each) amongst
ten persons named in para 8 of the Will.
7. As per the Willl dated 12.11.2000, the jewellery and gold
ornaments owned by Late Sh.Vishwadev Sachdev have been sealed in
separate packets bearing the names of beneficiaries therein to whom,
the said properties are bequeathed and are lying in the steel safe of Late
Sh. Vishwadev Sachdev and its keys were to be given to the executor
of the Will. Since the executor named in the Will of Late Sh.
Vishwadev Sachdev died before Sh. Vishwadev Sachdev and no other
executor was appointed by Late Sh. Vishwadev Sachdev therefore, the
petitioner has field the present petition.
8. During the pendency of the petition, the petitioner Sh. Puran
Chand Arora passed away on 09.05.2011, hence, his legal heirs i.e. his
wife Smt. Sunanda Aora, and his daughters namely Smt. Nitu Bhardesh
W/o Sh. Bhardesh Vuas and Smt. Kitty Ashish Sharma W/o Sh. Ashish
Sharma filed an application to bring them on record, which was
allowed by the court and accordingly, an amended memo of parties was
taken on record.
Test Case No.26/2009 Page 3 of 5
9. Initially, when the petition was filed, respondent No. 2
raised objections however, despite of opportunity granted by the court
to file the objections, none were filed. Thereafter, the parties opted to
go to the Delhi High Court Mediation and Conciliation Centre to sort
out their differences.
10. The petitioner has filed evidence by way of affidavits. The
affidavits of Brigadier (Retd) B.S. Kaicker and Shri Rajinder Kumar
Khosla (witness of the Will dated 12.11.2000) are on record. The
affidavits of respondent No. 2 and LR of respondent No.3 are also on
record wherein they have stated that they have no objection to the said
property i.e. 7, Babar Road, Bengali Market, New Delhi, which has
been bequeathed in favour of the petitioner and mutation of the same in
name of the petitioner. The original death certificate of Late Shri
Vishwadev Sachdev is on record and is annexed as Annexure "A".
The original Will is annexed in the petition as Annexure "B" and is
marked as Ex.-P-I. Citation of these proceedings has been effected in
"The Statesman" dated 03.09.2011. The valuation report of in respect
of the said has also been received.
11. After the matter was settled between the parties, they filed
I.A. No.3250/11 for settlement which is signed by the parties and their
respective counsel. The said joint application is also supported by the
affidavits of the parties.
12. The settlement agreement dated 08.09.2010 is on record and
the same has been signed by the parties as well as their respective
counsel.
Test Case No.26/2009 Page 4 of 5
13. In view of above, the petition as well as IA No.3250/2011
are allowed. Letters of Administration be granted to the petitioner in
respect of property being 7, Babar Road, Bengali Market, New Delhi,
subject to payment of requisite court fee according to valuation and a
surety bond. As learned counsel for the parties have prayed that since
the Executor of the Will dated 12.11.2000 has died, a Local
Commissioner be appointed to distribute the moveable assets of
deceased Sh. Vishwadev Sachdev therefore, Mr. Brij Bhushan Gupta,
Advocate (Mobile No. 9811348989) is appointed as the Local
Commissioner who would facilitate and carry out the consent terms
arrived between the parties. Copy of the consent terms recorded before
the Mediator and joint application shall also be supplied by the
petitioner to the Local Commissioner. Initially, his fee is fixed at
Rs.80,000/- which shall be paid by the petitioner. The remaining fee
would be fixed by the court depending upon the work done by the
Local Commissioner.
14. The petition stands disposed of.
MANMOHAN SINGH, J.
February 02, 2012
