Lalit Batra & Others vs State & Others
2012 Latest Caselaw 353 Del

*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      TEST.CAS. 68/2010


       LALIT BATRA & OTHERS                        ..... Petitioners
                     Through:          Mrs. Ginny Jetly Rautray,
                                       Advocate.

                    Versus

       STATE & OTHERS                               ..... Respondents
                    Through:           None.


%                         Date of Decision : January 18, 2012


CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL


: REVA KHETRAPAL, J. (ORAL)

1. The petitioners being the beneficiaries named in the Will dated

30.03.2001 executed by Smt. Lajwanti Batra, who died on

15.08.2010, have filed the present petition under Section 276 of

the Indian Succession Act, 1925 seeking grant of probate in

respect of the said Will. The respondents No.2 to 4 are the

grand children of Smt. Lajwanti Batra.

2. It is averred in the plaint that the Testatrix - Smt. Lajwanti

Batra executed her last Will and testament on 30.03.2001

bequeathing her entire movable and immovable properties in

favour of her one son and two daughters (the petitioner Nos.1,

2 and 3 herein) to the exclusion of the children of her deceased

daughter, late Smt. Raj Tanwar. The said Will was duly

witnessed and registered in the office of Sub-Registrar, New

Delhi as document No.2365, Book No - III, Volume No.927, at

pages 190 to 192.

3. Notice of the petition was issued to the State and all the other

respondents. Publication of citation in the Delhi edition of the

'Statesman' was also got effected. Notice was also issued to

the Chief Revenue Controlling Authority for valuation report.

Despite service, there was no appearance on behalf of the

respondents. There has been no opposition to the petition from

any of the respondents. The respondents were accordingly

proceeded ex parte on 13.12.2011.

4. I have heard the counsel for the petitioners and examined the

documents on record. Petitioners have filed their evidence by

way of affidavits of Smt. Kusum Gandhi, who is the petitioner

No.3 and Dr. H.V.Mahajan, one of the attesting witness to the

Will of the testatrix - Smt. Lajwanti Batra.

5. The petitioner No.3, in her affidavit by way of evidence,

Exhibit PW1/A, has re-iterated the contents of the petition. She

testified that she was the daughter of late Smt. Lajwanti Batra,

who expired on 15.08.2010. The Will dated 30.03.2001 was

the last and final Will of the testatrix, wherein she bequeathed

her entire movable and immovable properties in favour of the

deponent and petitioners No.1 and 2 in the ratio of one-third

each. She proved the death certificate of the testatrix as Exhibit

PW1/1, copy of the conveyance deed in respect of the

immovable property bearing No.A-145, Preet Vihar, New

Delhi as Exhibit PW1/2 and the original Will dated 30.03.2001

as Exhibit PW1/3.

6. Dr. H.V.Mahajan, one of the attesting witnesses to the Will, in

his affidavit by way of evidence, Exhibit PW2/A deposed that

he knew Smt. Lajwanti Batra and her family from a very long

time. He testified that on 30.03.2001, the Will was executed in

his presence and under the instructions of the testatrix. He

deposed that the testatrix had signed the Will in his presence

and in the presence of Mr. Jaswant Singh, another attesting

witness to the Will and that he, too, had signed the Will in the

presence of the testatrix and Mr. Jaswant Singh.

7. In the absence of any opposition to the petition and in view of

the deposition by way of affidavits of the petitioners'

witnesses, which is unrebutted, the averments made in the

petition stand proved. I am satisfied that at the time of the

execution of the Will, the testatrix - Smt. Lajwanti Batra was

of sound disposing mind and had executed the Will in the

presence of the attesting witnesses and the attesting witnesses

had signed the said Will in the presence of the testatrix and in

the presence of each other. The testatrix was married to late

Shri Anshi Lal Batra and out of the wedlock four children,

namely, Sh. Lalit Batra, Smt. Santosh Kubba, late Smt. Raj

Tanwar and Smt. Kusum Gandhi were born. Late Smt. Raj

Tanwar had pre-deceased the testatrix and it is stated in the

Will that the children of said late Smt. Raj Tanwar and her

husband had stopped visiting the testatrix. She, thus, excluded

them from her estate. The Will in question is duly witnessed

and registered with the office of the Sub-Registrar, New Delhi

as Document No.2365, Book No.III, Vol. No.927 at pages 190

to 192. The petitioners are the only beneficiaries named in the

Will and as such there is no bar in granting Letters of

Administration with Will annexed in their favour. However,

probate of the Will in question cannot be granted to the

petitioners in view of the legal bar created by Section 222 of

the Indian Succession Act, 1925.

8. Accordingly, the present petition is allowed by granting Letters

of Administration in respect of the Will dated 30.03.2001 in

favour of the petitioners with regard to their respective shares

in the movable and immovable properties of late Smt.

Lajwanti Batra mentioned in the Will, subject to the petitioners

fulfilling all the legal formalities including furnishing of

Administration Bond of the requisite value.

9. The petition stands disposed of in the above terms.

REVA KHETRAPAL (JUDGE) January 18, 2012 ak