Delhi High Court
S.P. Chadha vs State on 3 September, 2012
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST. CAS. 4/2011
Date of Decision: 3rd September, 2012
IN THE MATTER OF
S.P. CHADHA ..... Petitioner
Through: Ms. Vandana Sehgal, Advocate with
Mr. Rohan Thawani and Mr. Hardeep Singh Anand,
Advocates
versus
STATE ..... Respondent
Through: None
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
1. The present petition has been filed by the petitioner under
Section 276 of the Indian Succession Act, for grant of probate of a
registered Will dated 22.03.2010 executed by late Shri Badri Nath
Chadha.
2. It has been averred in the petition that the petitioner is the
son and Mrs. Nirmal Kharbanda is the daughter of late Shri Badri Nath
Chadha, who had expired on 29.03.2010. The deceased had executed a
registered Will dated 22.03.2010, which was witnessed by Shri Anil Arora
and Shri Pradeep Malhotra. Under the registered Will dated 22.03.2010,
the deceased had bequeathed his estate in the manner as set out therein.
It is averred in the petition that under the Will, the residential house
owned by the deceased, i.e., premises bearing No.A-13/5, Vasant Vihar,
New Delhi, was to devolve on the petitioner. The petitioner seeks the
letter of administration in respect of the aforesaid immovable property as
set out in schedule-I of the petition.
3. Notice was issued on the present petition on 17.01.2011.
Citation was also directed to be issued, which came to be published in the
English edition of the daily newspaper "Indian Express" dated 24.02.2011
as well as in the Hindi newspaper, "Dainik Jagran" dated 26.02.2011. No
objections were received to the Will after publication of the citation.
Notice was duly served on the State. However, none has appeared for the
State. Notice was also served on the Chief Revenue Controlling Authority
for filing a valuation report after which, a valuation report has been duly
filed.
4. As regards the only other class-I heir of the deceased,
namely, Mrs. Nirmal Kharbanda, she has filed an affidavit dated
11.02.2011 stating inter alia that she and her brother are the
beneficiaries of the registered Will dated 22.03.2010, executed by their
father, late Shri Badri Nath Chadha and that she did not intend to
challenge the said Will or contest the present proceedings.
5. As regards the petitioner, he has adduced evidence by filing
his own affidavit as PW1. The affidavit tendered by him in evidence is
marked as Ex.PW1/A. It has been stated by the petitioner in his affidavit
dated 06.09.2011 that Shri Badri Nath Chadha had expired on
29.03.2010, leaving behind his last will and testament dated 22.03.2010,
which has been marked as Ex.PW2/1. PW1 has proved the death
certificate of Shri Badri Nath Chadha as Ex.PW1/B.
6. Shri Anil Arora, one of the attesting witnesses has filed two
affidavits and in the affidavit dated 06.09.2011 marked as Ex.PW2/X, he
has deposed therein that Shri Badri Nath Chadha was personally known to
him during his lifetime and that he was in a sound disposing mind at the
time of signing the Will. It has been further deposed that Shri Badri Nath
Chadha had signed the Will in the presence of PW2 on 22.03.2010 and
that he recognized the signatures of the deceased.
7. On a perusal of the case file on 25.07.2012, it had transpired
that the affidavit filed by the aforesaid Shri Anil Arora, one of the
attesting witnesses to the Will, was not comprehensive. As a result,
learned counsel for the petitioner had sought and was granted another
opportunity to file an additional affidavit of the aforesaid witness.
8. In the additional affidavit dated 26.07.2012, marked as
Ex.PW1/Y, PW2 has stated that he and the other witness to the Will,
namely, Shri Pradeep Malhotra had signed the Will of Sh. Badri Nath
Chadha in each other's presence and in the presence of the Testator, and
that the Will was registered in the office of the Sub Registrar-IX, New
Delhi, on the same day in his presence. The said Will was registered in
the office of the Sub-Registrar-IX, New Delhi at Serial No.1790 in the
Additional Book No.3, Volume No.496 at pages 193 to 195.
9. On 22.08.2012, it was pointed out to the counsel for the
plaintiff that the Testator of the Will had appointed Lt. Gen. D.P. Sehgal
as the sole executor of the Will but, the present petition had not been
filed by him. Counsel for the petitioner had sought an adjournment to
seek instructions in this regard. Subsequently, an affidavit dated
25.08.2012 has been filed by Lt. Gen. D.P. Sehgal, the executor of the
aforesaid Will stating inter alia that the deponent had known late Shri
Badri Nath Chadha during his lifetime as they were family friends. He
confirmed the fact that the deceased had left a Will dated 22.03.2010,
whereunder the deponent had been appointed as an executor. The
affidavit further mentions the fact that due to some unavoidable
circumstances, the executor of the Will could not apply for grant of
probate and that he has no objection to the petitioner herein filing the
present petition for probate of the said Will. In other words, the executor
has renounced his executorship.
10. In view of the above, this Court is satisfied that the petitioner
has succeeded in proving that the deceased Shri Badri Nath Chadha had
executed the registered Will dated 22.03.2010 (Ex.PW2/1) and the said
Will was his last will and testament. The deceased was predeceased by
his wife, Smt. Kamlesh Chadha and he is survived by his two legal heirs,
the petitioner and his sister, Mrs. Nirmal Kharbanda. The deceased has
bequeathed his immovable property, i.e., premises No. A-13/5, Vasant
Vihar, New Delhi, in favour of the petitioner herein in the manner as
detailed in the Will (Ex.PW2/1). The Will also mentions the fact that the
deceased had bequeathed all his movable assets to the persons, in whose
names the nomination had been made for each of them, including the
bank deposits, bank accounts, bonds, policies etc. But the petitioner
herein has sought to confine the grant of Letters of Administration to the
immovable property as mentioned in Schedule-I of the petition.
11. In view of the aforesaid facts and circumstances, there
appears no impediment in granting the letter of administration in respect
of the Will dated 22.03.2010 executed by late Shri Badri Nath Chadha in
favour of the petitioner. Accordingly, the present petition is allowed. The
letter of administration with a copy of the Will dated 22.03.2010 annexed
thereto is granted in favour of the petitioner, subject to his furnishing the
requisite court fee in terms of the valuation report and submitting an
administration bond with one surety in accordance with law.
12. The petition is disposed of.
(HIMA KOHLI)
SEPTEMBER 3, 2012 JUDGE
rkb/sk
