Pushpa Lata Purwar vs State
2014 Latest Caselaw 3737 Del

         *       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                        Order delivered on 14th August, 2014

                                     Test Case No.85/2012

             PUSHPA LATA PURWAR                            ..... Petitioner
                          Through          Mr.Arvind Kumar and Mr.Abhishek
                                           Goyal, Adv.

                                    versus

             STATE                                           .....Respondent
                               Through     None

    CORAM:
    HON'BLE MR.JUSTICE MANMOHAN SINGH

    MANMOHAN SINGH, J. (Oral)

1. The petitioner has preferred the present probate petition under Section 276 of the Indian Succession Act (hereinafter referred to as "the Act") for grant of probate in respect of Will dated 30th January, 1998 executed by Late Purshottan Das Purwar (hereinafter referred to as "the deceased") who died on 28th April, 2011.

2. It has been stated that the petitioner is the wife of the deceased and as per the Will of the deceased, the petitioner is the sole beneficiary thereunder. The details of the other legal heirs of the deceased who survived him are mentioned in Schedule B of the petition, who are:

         (i)    Asim Kumar Purwar (Son)
         (ii) Anuj Purwar (Son)

(iii) Dr. (Mrs.) Seema Chauhan (Daughter)

3. By virtue of the Will, the deceased is said to have left behind the property mentioned in Schedule A of the petition i.e. property bearing No. D-87, Marg-9, Saket, New Delhi 110017.

4. Notice of the petition was issued to the Chief Revenue Controlling Authority and the near relatives of the deceased as mentioned in Schedule B. The notices were also directed to be issued by publication of citation in the English daily "the Statesman" and Hindi daily "Dainik Jagran" Delhi edition.

5. Valuation report was filed on 23rd September, 2013. Affidavits of 'no objection' have been filed by relation number (i) to (iii) in support of the petition stating therein that they have no objection for grant of probate of Will executed by the deceased in favour of their mother i.e. the petitioner herein. Petitioner filed her evidence by way of affidavit and examined the following who also filed evidence by way of affidavit:

(i) Mr. W.C. Chhabra as PW1

(ii) Mr. Pramod Krishna as PW2

(iii) Herself i.e. Smt. Pushpa Lata Purwar as PW3

PW1 and PW2 are the attesting witnesses of the Will of the deceased. The following documents were also exhibited:

(i) Will dated 30.1.1998, exhibited as Exhibit PW-1/1

(ii) Death Certificate of Late Purshottan Das Purwar, exhibited as Exhibit PW-3/1

(iii) Copy of passport of the deceased, exhibited as Exhibit PW-

(iv) Copy of Perpetual Lease Deed of the property, exhibited as Exhibit PW-3/3

The petitioner's evidence was closed accordingly vide order dated 22nd May, 2014.

6. Having considered the facts of the case as well as documents placed on record, it appears that the Will dated 30th January, 1998 has been proved beyond doubt. Under these circumstances, the present petition is allowed. The probate is granted in favour of petitioner qua the Will dated 30th January, 1998, in respect of the properties of the deceased Late Purshottan Das Purwar as detailed in Schedule A filed along with the petition.

7. The valuation given by the Assistant Collector GR-I/II, Sub Division (Hauz Khas), District South, New Delhi is accepted.

8. Accordingly, the petition is allowed. The probate is granted in respect of the Will upon the petitioner filing the requisite court fee.

9. The probate stands disposed of.

(MANMOHAN SINGH) JUDGE AUGUST 14, 2014