Shobha Madan & Anr vs State & Anr
2012 Latest Caselaw 629 Del

$~31
*IN THE HIGH COURT OF DELHI AT NEW DELHI

+      TEST.CAS. 85/2010
                                           Decided on 30th January, 2012

       SHOBHA MADAN & ANR                              ..... Petitioners
                  Through                  : Mr. A.K. Chhabra, Adv.

                        versus

       STATE & ANR                                    ..... Respondents
                                 Through   :Mr. Alim Mizaj, Adv. for R-
                                           1
                                           Dr. S.P. Sharma, Adv. for
                                           Objector

       CORAM:
       HON'BLE MR. JUSTICE A.K. PATHAK

A.K. PATHAK, J. (ORAL)

1. Petitioners have filed this petition under Section 278 of the

Indian Succession Act, 1925 for grant of "Letter of Administration"

in respect of Will dated 21st March, 2007 executed by Late Shri

Kulbhushan Lal Sawhney (hereinafter referred to as "deceased").

2. Petitioners are sisters of respondent no. 2. It is alleged that

deceased was the sole and exclusive owner of House no. H-312,

New Rajinder Nagar, New Delhi - 110060. Deceased had executed

a Will dated 21st March, 2007, which was duly registered in the

office of Sub-Registrar-III, Delhi vide registration no. 289 in Book

no. 3 Volume No. 1458 on pages 187 to 188 on 21st March, 2007.

It is alleged in the petition that Shri Kulbhushan Lal Sawhney

passed away on 9th September, 2010. Petitioners and respondent

no. 2 are the only Class-I heirs of the deceased as their mother had

predeceased the deceased on 4th September, 1991. Petitioners and

respondent no. 2 were the beneficiaries of the estate left behind by

the deceased, which comprises of House No. H-312, New Rajinder

Nagar, New Delhi - 110060. By virtue of the Will in question

deceased had bequeathed entire ground floor to respondent no. 2;

whereas 1st and 2nd floors and roof rights were bequeathed to the

petitioners jointly.

3. Citations have been published in the newspapers "The

Statesmen" English edition dated 11th December, 2010 and

"Jansatta" Hindi edition dated 16th December, 2010 for information

of the general public and also inviting objections, if any, against the

grant of Letter of Administration of the Will in question. Pursuant

to the publications of citations, no one has filed objections to the

Will.

4. Respondent no. 1 was served through Estate Officer, State

Revenue Controlling Authority. Valuation report dated 5 th

February, 2011 has been filed by the Executive Magistrate (Karol

Bagh) valuing the property at `50,98,800/-.

5. After service, respondent no. 2 entered appearance and filed

objections against the grant of Letter of Administration. However,

during the course of hearing respondent no. 2 has withdrawn his

objections. His statement on oath has been recorded in Court today,

wherein he has admitted the genuineness and correctness of the

Will dated 21st March, 2007 and has made a statement that he has

no objection in case Letter of Administration is granted to the

petitioners.

6. Petitioner No.1 has led evidence by way of affidavit Ex.

PW1/X-1. In her affidavit she has categorically deposed that

deceased has left behind petitioners and respondent no. 2 as the

only Class-I heirs. Original Will has been placed on record. Death

Certificate of Late Shri Kulbhushan Lal Sawhney dated 22nd

September, 2010 issued by the Municipal Corporation of Delhi has

been placed on record, which shows that Shri Kulbhushan Lal

Sawhney died on 9th September, 2010. One of the attesting

witnesses to the Will, Shri Bharat Bhushan Mahajan, has stepped in

the witness box as PW1 and has tendered his affidavit in evidence.

He has deposed that he is one of the attesting witnesses to the

registered Will executed by the deceased. He has identified his

signatures as well as that of the testator and other attesting witness.

Will has been exhibited as Ex. PW1/A. He has further deposed that

deceased was having full knowledge and understanding about the

contents of the Will and after reading the same and having

understood the effect of his Will, the deceased had admitted about

the correctness of the Will in his presence and in the presence and

other attesting witness, namely, Rohit Bhatia. He has further

deposed that the Will was registered in the office of Sub-Registrar

at Asaf Ali Road, New Delhi on 21st March, 2007 in his presence.

7. From the ocular and documentary evidence led by the

petitioners, it has been proved that the deceased has left behind a

Will Ex. PW1/A dated 21st March, 2007 in respect of the estate and

has bequeathed House No. H-312, New Rajinder Nagar, New Delhi

- 110060 in favour of the petitioners and respondent no. 2 in the

manner as has been described in the Will dated 21 st March, 2007.

Will has duly been proved, inasmuch as, genuineness and

correctness of the Will has been admitted by respondent no. 2 by

making a statement on oath in this regard. I do not find any

impediment in accepting Will dated 21st March, 2007 and granting

the "Letter of Administration" to the petitioners.

8. For the foregoing reasons, I grant "Letter of

Administration" of Will dated 21st March, 2007 executed by Late

Mr.Kulbhushan Lal Sawhney (Ex. PW1/A) to the petitioners,

subject to their paying requisite court fees and furnishing

administrative bond with one surety to the satisfaction of the

Registrar General of this Court.

9. Petition is disposed of in the above terms.

A.K. PATHAK, J.

JANUARY 30, 2012 rb