Delhi High Court
Ashok Chand Burman vs State on 28 May, 2012
Author: Manmohan Singh
.* HIGH COURT OF DELHI : NEW DELHI
+ Probate Case No.25/2010
% Order decided on: 28.05.2012
Ashok Chand Burman ..... Petitioner
Through: Mr. Sudhir K. Makkar, Adv.
versus
State ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.(ORAL)
1. The petitioner has filed the instant petition under Sections 276
read with 227 of the Indian Succession Act, 1925 seeking grant of
probate of the Will dated 26.12.2008 executed by Late Smt. Sudha
Burman.
2. It is averred in the petition that Late Smt. Sudha Burman
(hereinafter referred to as the deceased), W/o Late Shri Ashok Chand
Burman, died on 07.03.2009 at the age of 75 years at New Delhi.
Copy of her death certificate is annexed as Annexure A. The deceased
at the time her death was survived by only two legal heirs i.e., her
husband who is also the petitioner herein and Dr. Anand C. Burman
who is the son of the deceased and thus, they both are beneficiaries
under the Will dated 26.12.2008 executed by the deceased and which
is her last Will and Testament. A true copy of the Will dated
26.12.2008 is annexed as Annexure B along with the petition.
Probate Case No.25/2010 Page No.1 of 4
3. As per the Will dated26.12.2008, the deceased bequeathed her
properties in the following manner:
a. Out of her estate a sum of Rs.5 crores or mutual funds worth
Rs.2 crores be paid to her daughter in law Ms. Minnie Burman,
w/o Dr. Anand Burman.
b. A sum of Rs.5 crores be paid to her son Dr. Anand Burman.
c. A sum of Rs.2 crores be paid to her granddaughter in law Ms.
Shivani Burman w/o Shri Aditya Burman.
d. A sum of Rs.2 crores be kept in trust with her son Dr. Anand
Burman for the benefit of Mr. Aditya Burman which would be
paid by Dr. Anand Burman in his discretion at an appropriate
time either to Mr. Aditya Burman or to any other person,
company or entity wherein. Mr. Aditya Burman has an interest
as may be considered appropriate by Dr. Anand Burman.
e. A sum of Rs.2 crores be paid to her granddaughter Ms. Anisha
Burman.
f. A sum of Rs.20 in lac be paid in cash to her sister in laws Ms.
Asha Burman w/o Late G.C. Burman, Mrs. Indu Burman w/o
Sidharth Burman and Mrs. Monika Burman w/o Sh. V.C.
Burman.
g. A sum of Rs.1 lac be paid to her assistant Sh. Anil Duggal and
7 gold ginnies in favour of his wife.
h. Entire jewellery lying in the lockers or at home be entrusted to
my daughter in law Mrs. Minnie Burman.
Probate Case No.25/2010 Page No.2 of 4
i. Jewellery worth Rs.1 crore be given to her granddaughter Ms.
Anisha Burman.
j. Jewellery worth Rs.1 crore be given to her granddaughter in
law Ms. Shivani Burman.
k. Mrs. Minnie shall be given jewellery worth Rs.25 lac to Mrs.
Natasha Kapur w/o Sh. Sanjay Kapur. Remaining jewellery
will belong to Mrs. Minnie Burman.
l. Equity share holdings held by the deceased in M/s Puran
Associates Pvt. Ltd. were bequeathed 50% in favour of her
husband Mr. Ashok Chand Burman and remaining 50% to her
daughter in law Mrs. Minnie Burman.
4. The petitioners who were appointed executors of her Will by
the deceased are seeking probate of her Will dated 26.12.2008 as the
executors of the Will dated 26.12.2008.
5. It is stated in the petition that the signatures on the Will dated
26.12.2008 were attested in the presence of Dr. Anand C. Burman and
Mr. Ajay Marwah and the execution of the said Will is proved by a
declaration of Mr. Ajay Marwah. It is also stated that the deceased
died leaving behind properties within as well as outside the
jurisdiction of this Court and the particulars of estate of the deceased
for the purpose of this petition are detailed in the Schedule which has
been annexed as Annexure C along with this petition.
6. Citation of these proceedings, have been effected in 'The
Statesman' and 'Jansatta' dated 05.10.2011. Valuation report in
respect of property bearing Khewat No.383, Situated at Mauja Khori,
Probate Case No.25/2010 Page No.3 of 4
Jamalpur, Tehsil & Distt. Faridabad has been received and an affidavit
of Shri Pankaj Bhardwaj enclosing the report of the Sub-Registrar,
Gurgaon has also been filed. Counsel for the petitioner made the
statement before the Joint Registrar on 17.05.2012 that both the posts
are held by the Sub-Registrar.
7. The will dated 26.12.2008 has been signed by the deceased and
two attesting witnesses namely Dr. Anand C. Burman and Mr. Ajay
Marwah and the respective affidavits of both the attesting witnesses
have also been filed by the petitioner. Mr. Ajay Marwah has stated in
his affidavit that he was present and saw the deceased/testator affix
her signatures on the Will dated 26.12.2008. While passing the order,
it has been noticed that the requisite documents i.e. death certificate,
original Will have not been given the exhibit numbers and this Court
is of the view that it is necessary for the same.
8. Under these circumstances, the petitioner is granted, six weeks'
time to file a short affidavit of the petitioner and exhibit the requisite
document.
9. List the matter before the Joint Registrar on 16.07.2012 for
marking exhibits and thereafter the matter will be listed before Court
on 23.07.2012 for passing the final orders.
MANMOHAN SINGH, J.
MAY 28, 2012
