Delhi High Court
Sambhav Gupta vs State & Ors on 23 January, 2013
Author: Manmohan
29
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 22/2012
SAMBHAV GUPTA ..... Petitioner
Through: Ms. Purnima Maheshwari, Advocate.
versus
STATE & ORS ..... Respondents
Through: Ms. Richa Kaushal, Advocate for
Mr. Dhanesh Relan, Advocate for State.
% Date of Decision: 23rd January, 2013.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J (Oral):
1. Present petition has been filed by the petitioner under Section 276 of
the Indian Succession Act, 1925 for grant of letters of administration of a
registered Will executed on 23rd March, 2010 by late Mr. Satish Kumar, son
of late Mr. Hari Ram Gupta, resident of 480, Block-13, Lodhi Colony, New
Delhi-110003.
2. It has been averred in the petition that deceased testator Mr. Satish
Kumar, died on 19th January, 2011. The deceased had executed a registered
Will and Testament dated 23rd March, 2010 which was witnessed by Mr.
Paramjeet Singh and Mr. S.N. Gupta.
3. The Will of the deceased was registered with the Sub-Registrar V
Office, New Delhi vide Registration No. 1909 in Addl. Book No.3, Volume
No.1805 pages No. 3 to 4 on 25th March, 2010.
4. The deceased Mr. Satish Kumar was the absolute and exclusive owner
of a self acquired property namely, Flat No.40, Pocket VI, First Floor,
Kendriya Vihar, Sector-82, NOIDA, District Gautam Budh Nagar, Uttar
Pradesh.
5. At the time of his death, the deceased Mr. Satish Kumar was survived
by seven legal heirs, who are petitioner's mother and respondents No.3 to 8
in the present petition. Since the deceased-Testator was a bachelor, he was
survived by Class II heirs as per Hindu Succession Act, 1956 that means,
brothers and sisters.
6. Under the aforesaid registered Will, the deceased Mr. Satish Kumar
has bequeathed the property, i.e., Flat No.40, Pocket VI, First Floor,
Kendriya Vihar, Sector-82, NOIDA, District Gautam Budh Nagar, Uttar
Pradesh to the petitioner, who is his nephew, namely, Mr. Sambhav Gupta.
7. Notice in the present petition was issued on 17 th April, 2012. Citation
has been published in Delhi edition of 'The Statesman' dated 18th May,
2012. No objections were received to the Will after publication of the
citation.
8. Respondents No.3 to 8 have filed their 'No objections' affidavits and
the same have been marked as Ex.PW1/4 to Ex.PW1/9. Learned counsel for
State has no objection to the present petition being allowed.
9. The stand of the respondent No.2 who is the Society in which the said
property lies is given in the reply to the notice Ex.PW1/11 wherein it is
stated 'you are therefore requested to advise your clients appropriately in
this regard and apply for Probate of Will from competent Court of law.'
Since none has appeared for respondent No.2, the said society was
proceeded ex parte vide order dated 30th October, 2012. In any event, this
Court is of the opinion that in Delhi in view of Section 57 read with Section
213 of the Indian Succession Act, 1925, before filing any claim based on a
Will, the same is not required to be probated.
10. The Chief Revenue Controlling Authority, Dadri, District Gautam
Budh Nagar, Uttar Pradesh has already filed a valuation report.
11. The mother of the petitioner has filed her affidavit by way of
evidence. The said affidavit has been marked as Ex.PW1/A. It is pertinent
to mention that petitioner is a minor. In the said affidavit, it has been stated
that deceased Mr. Satish Kumar died on 19th January, 2011. The Death
Certificate of late Mr. Satish Kumar has been marked as Ex.PW1/1.
12. Mr. Paramjeet Singh, one of the attesting witnesses has filed his
affidavit by way of evidence. In the said affidavit marked as Ex.PW2/A, he
has deposed that deceased late Mr. Satish Kumar was personally known to
him during his lifetime and that deceased late Mr. Satish Kumar was in
sound disposing mind at the time of signing of the Will. It has further been
deposed by him that the testator had signed the Will in his presence and that
he identify the signatures of the deceased.
13. The registered Will executed by the testator has been marked as
Ex.PW2/1.
14. The other attesting witness Mr. S.N. Gupta has also filed an affidavit
by way of evidence deposing that deceased late Mr. Satish Kumar was
known to him during his lifetime and further that deceased late Mr. Satish
Kumar was in sound disposing mind at the time of signing of the Will. It
has further been deposed by him that the testator had signed the Will in his
presence and he identifies the signatures of the deceased and that of
Mr.Paramjeet Singh.
15. In view of the above, this Court is satisfied that the petitioner has
succeeded in proving that the deceased Mr. Satish Kumar had executed the
registered Will dated 23rd March, 2010 Ex. PW2/1 and the said Will was his
last Will and testament
16. Consequently, there appears to be no impediment in granting the
letters of administration in respect of the Will dated 23 rd March, 2010
executed by late Mr. Satish Kumar in favour of the petitioner.
17. Accordingly, present petition is allowed. The letters of administration
with a copy of the Will dated 23rd March, 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.
18. With the aforesaid observations, the petition is disposed of.
MANMOHAN, J
JANUARY 23, 2013
js
