Delhi High Court
Smt. Baljeet Bubbar vs State on 19 September, 2012
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST CAS. 15/1998
% 19th September, 2012
SMT. BALJEET BUBBAR ...... Petitioner
Through: Mr. Sanjay Goel, Adv. for petitioner and
respondent no.2.
VERSUS
STATE ...... Respondent
Through: Ms. Sunita Harish, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This testamentary case seeks probate with respect to the Will and
Codicil dated 22.4.1996 and 17.9.1997 respectively of late Sh. Avtar Singh Puri
who died in Delhi on 9.1.1998. Originally, the probate petition was filed by the
Executor Sh. Anil Sharma, Advocate, however, he withdrew and therefore the
respondent no.2 Smt. Baljeet Babbar, a beneficiary, was transposed as a petitioner.
Amended memo of parties has been filed on 25.11.2006.
2. There is no contest to this testamentary case. The respondent nos. 2 to
4 are beneficiaries under the Will dated 22.4.1996 and are supporting the Will. So
Test Cas. 15/1998 Page 1 of 4
far as respondent nos. 6 and 7 are concerned, who are the daughters of respondent
no.5, a statement was recorded on 15.5.2009 on oath of the respondent no.5 for
herself and on behalf of respondent nos. 6 and 7 that they have settled the dispute
and have withdrawn the objections against the subject Will and Codicil.
3. Issues in this probate case were framed on 19.12.2000 and which read
as under:-
"1. Whether the codicil Will dated 22/25th of April, 1996 executed by the
deceased Avtar Singh Puri on 17.9.1997 was not executed validly?
O.P.D. (6-8)
2. Whether the Will was executed by the deceased while he was
possessed of a sound and disposing mind? O.P.P
3. Whether there is any codicil Will subsequent to the Will in question?
O.P.D.
4. Relief."
4. The Will and Codicil in this case have been proved through the
attesting witness Sh. Sanjay Dewan, Advocate, PW-3. PW-3 has deposed with
respect to the execution of the Will dated 22.4.1996 by Sh. Avtar Singh Puri. He
has also deposed to his signing of the Will in the presence of the testator and also
signing by other attesting witness Sh. Sumesh Dewan. The Will has been
exhibited as Ex.PW2/A. This witness has also deposed as to the sound disposing
mind of the testator at the time of execution of the Will dated 22.4.1996.
Test Cas. 15/1998 Page 2 of 4
5. So far as Codicil dated 17.9.1997 is concerned, the same is proved in
continuing statement of this witness on the cross examination by the counsel for
respondent no.3. The witness has deposed with respect to the testator Sh. Avtar
Singh Puri signing the Codicil on each page in his presence and Codicil also bears
the witnesses' signatures and was exhibited as Ex.PW3/D1.
6. The petitioner Smt. Baljeet Babbar has also appeared as PW-1 and
filed her affidavit by way of evidence proving the signatures of the testator on the
Will Ex.PW2/A. This witness was also exhibited the death certificate as
Ex.PW1/A.
7. The witness Sh. Sunil Kumar from the office of sub-Registrar
appeared as PW-2 and brought the records with respect to registration of the Will
dated 22.4.1996.
8. In view of the above testimonies of the witnesses, I hold that the Will
dated 22.4.1996 Ex.PW2/A and Codicil dated 17.9.1997 Ex.PW3/D1 stand
proved. Petitioner is granted letters of administration of the Will and Codicil dated
22.4.1996 and 17.9.1997 respectively and which testamentary instruments would
be annexed to the letters of administration granted. Letters of administration be
granted on the petitioner filing the appropriate court fees.
Test Cas. 15/1998 Page 3 of 4
9. Accordingly, issue nos. 1 to 3 framed on 9.12.2000 are decided in
favour of the petitioner.
10. The testamentary case along with all pending applications stand
disposed of accordingly.
SEPTEMBER 19, 2012 VALMIKI J. MEHTA, J.
ib
