Delhi High Court
Sharat Kumar Dutta vs State on 24 January, 2013
Author: Manmohan
#18
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 41/2012
SHARAT KUMAR DUTTA ..... Petitioner
Through Mr. Lokesh Kumar, ASdvocate.
versus
STATE ..... Respondent
Through None
% Date of Decision: 24th January, 2013.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J (Oral):
1. Present petition has been filed by the petitioner under Section 232
read with Section 278 of the Indian Succession Act, 1925 for grant of letters
of administration. The prayer clause is reproduced hereinbelow:-
"The Petitioner most respectfully prays that Letters of
Administration with the Will annexed, dated 28.01.2006, of Mrs.
Bimla Dutta W/o. Late Dr. Shib Chandra Dutta, having effect
throughout India, be granted to him."
2. It has been averred in the petition that the petitioner is the son of the
deceased Mrs. Bimla Dutta who had expired on 29th January, 2006. The
deceased is stated to have executed a registered Will dated 28th January,
2006 which was duly attested by Mr. Rajeev Mital and Dr. Hemlata Tewari.
The Will dated 28th January, 2006 executed by the deceased is reproduced
hereinbelow:-
"I, Mrs. Bimla Dutta, W/o Late Dr. Shib Chandra Dutta, aged 83
years, R/o X-41, Green Park Main, New Delhi-110016, in my full
senses, here by make a fresh Will as under on this 28th of January,
06:
a. That any previous Declaration/Will is here by revoked.
b. That all my personal Jewellery laying at home or in Bank or
on person will go to/belong to Shri Sushant Madhukul Dutta S/o Shri
Sharat Kumar Dutta.
c. That all Cash either in Bank or at home will go/belong to Shri
Hemant Kumar.
d. That the ownership of the landed property namely X-41,
Green Park Main house shall belong to/get distributed as under:
1. Ground floor shall go to/belong to Shri Sharat Kumar Dutta
my second son.
2. First floor shall go to/belong to Shri Sisir Kumar Dutta my
first son.
3. Second floor shall go to/belong to Shri Hemant Kumar my
third son.
Sd/-
Dated: 28.01.06 (Mrs. Bimla Dutta)
Witness:
Sd/-
1. (Rajeev Mital)
B-105, Sec.44, NOIDA-201303
Sd/-
2. Dr. Hemlata Tewari,
M.D.,D.M. (Cardiology)
Physician & Cardiologist
X-47, Green Park,
New Delhi.
3. Notice was issued on the present petition on 31st May, 2012. Citation
was also directed to be issued, which came to be published in the English
edition of the daily newspaper "Statesman" on 8th August, 2012. No
objections were received to the Will after publication of the citation.
4. Notice was duly served on the State. However, none has appeared for
the State.
5. Notice was also served on the Chief Revenue Controlling Authority
for filing a valuation report. The said report has been duly filed.
6. The other class-I heir of the deceased, namely, Mr. Sisir Kumar Dutta
and Mr. Hemant Kumar, have filed affidavits dated 26th May, 2012 stating
inter alia that they are the beneficiaries of the Will dated 28 th January, 2006
executed by their mother, late Smt. Bimla Dutta and that they do not intend
to challenge the said Will or contest the present proceedings. The other
beneficiary, namely, Dr. Sushant Madhukar Dutta, grandson of deceased,
has also filed his affidavit dated 3rd August, 2012 stating that he does not
oppose the instant petition and has no objection for grant of letter of
administration in favour of petitioner.
7. As regards the petitioner, he has adduced evidence by filing his own
affidavit. The affidavit tendered by him in evidence is marked as Ex.PW1/A.
It has been stated by the petitioner in his affidavit dated 26th November,
2012 that Smt. Bimla Dutta had expired on 29th January, 2006, leaving
behind her last will and testament dated 28th January, 2006, which has been
marked as Ex.PW1/2. PW1 has proved the death certificate of Smt. Bimla
Dutta as Ex.PW1/1.
8. Mr. Rajeev Mittal, one of the attesting witnesses has filed affidavit
dated 29th November, 2012 marked as Ex.PW2/A. In the said affidavit, he
has deposed that Smt. Bimla Dutta was in a sound disposing mind at the
time of signing the Will. It has been further deposed that Smt. Bimla Dutta
had signed the Will in the presence of PW2 on 28th January, 2006 and that
he recognized the signatures of the deceased. He also deposed that he and
the other witness to the Will, namely, Dr. Hemlata Tiwari had signed the
Will of Smt. Bimla Dutta in each other's presence and in the presence of the
Testator.
9. In view of the above, this Court is satisfied that the petitioner has
succeeded in proving that the deceased Smt. Bimla Dutta had executed the
Will dated 28th January, 2006 (Ex.PW1/2) and the said Will was her last will
and testament. The deceased was predeceased by her husband Dr. S.C.
Dutta and is survived by three legal heirs, the petitioner and his two
brothers, namely, Mr. Sisir Kumar Dutta and Mr. Hemant Kumar. The
deceased has bequeathed her immovable property, i.e., premises No. X-41,
Green Park Main, New Delhi, in favour of the petitioner and his two
brothers herein in the manner as detailed in the Will (Ex.PW1/2). The Will
also mentions the fact that the deceased had bequeathed all her movable
assets to the persons, in the manner as detailed in the Will (Ex.PW1/2).
10. In view of the aforesaid facts and circumstances, there appears no
impediment in granting the letters of administration in respect of the Will
dated 28th January, 2006 executed by late Smt. Bimla Dutta in favour of the
petitioner. Accordingly, the present petition is allowed. The letters of
administration with a copy of the Will dated 28th January, 2006 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.
Accordingly, the present petition stands disposed of.
MANMOHAN, J
JANUARY 24, 2013
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