Delhi High Court
Parambir Singh vs State & Another on 25 August, 2014
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Pronounced on: 25th August, 2014
+ TEST. CAS. 70/ 2011
PARAMBIR SINGH ..... Petitioner
Through: Mr. Amarveer S. Bhullar, Advocate &
Mr. Mandeep Bansal, Advocate.
Versus
STATE & ANOTHER ..... Respondent
Through: Nemo
CORAM:
HON'BLE MR. JUSTICE G.P. MITTAL
1. This petition under Section 274 of the Indian Succession Act, 1925
(the Act) for grant of probate is in respect of the Will dated
08.12.2003 executed by Late Rajinder Singh and duly registered in the
office of Sub-Registrar-II, Janakpuri, New Delhi vide Registration no.
53070, Book no. III, Pages 86-89, Volume no. 6070.
2. It is alleged that deceased Rajinder Singh (Testator) died on
31.07.2010 at New Delhi leaving behind his wife Samittar Kaur, his
son Satinder Pal Singh and two married daughters Amarjeet Kaur and
Swaran Jit Kaur. He left behind several immovable properties, i.e.
Quarter no. 40/ 4, Double Story, Tihar-II, Ashok Nagar, New Delhi;
Land House Tubewell etc. at Village Dhaulpur, Tehsil Batala, Distt.
Gurdaspur, Punjab and House no. 52 (plot), Dashmesh Colony,
Rajpura, Distt Patiala, Punjab.
3. Widow of deceased Rajinder Singh also expired on 15.11.2010.
Testator's son Satinder Pal Singh too died on 18.10.2007. It is stated
that after the death of his father Satinder Pal Singh, the Petitioner
himself and his mother Jasbinder Kaur, Respondent no. 4 had a right
to succeed to the estate of the deceased Rajinder Singh. It is averred
that the Respondents who are his two buas i.e. father's sisters and his
mother have filed their no objection to the grant of probate in respect
of the Will dated 08.12.2003. It is prayed that the Petitioner being the
beneficiary of the Will is entitled to the probate of the Will.
4. Notice of the petition was issued to the Respondents and citation to the
general public as also to the legal heirs was also published in the
Hindustan Times, Delhi edition on 25.05.2012.
5. The near relations Respondents no. 3 to 5 filed their affidavits-cum-no
objection for grant of probate in respect of the Will of Late Rajinder
Singh in favour of the Petitioner. Respondent no. 2 and also
Respondents no. 3 to 5 appeared before the learned Joint Registrar and
made statements dated 29.02.2012 and 16.10.2012 and testified about
their no objection to the grant of probate in respect of the Will
executed by Late Rajinder Singh.
6. In support of the petition, the Petitioner has filed his own affidavit Ex.
PW1/A. He testified that Late Shri Satinder Pal Singh, who was an
attesting witness to the Will was his father and he died on 18.10.2007,
whereas Smt. Samittar Kaur, the deceased's widow had died on
15.11.2010. The death certificates of Late Shri Satinder Pal Singh and
Late Smt. Samittar Kaur were proved as Exts. PW1/ 3 and PW1/ 2
respectively. Death certificate of deceased Rajinder Singh was proved
as Ex. PW1/ 4. The valuation in respect of the three properties has
been received. It is stated by the concerned Revenue Officer that the
market value of property no. 40/4, Double Story, Ashok Nagar, New
Delhi is Rs. 69,58,034/-; value of agricultural land at Village Dholpur,
Teshil Batala, Distt. Gurdaspur, Punjab including the Tubewell is Rs.
57,55,000/- (Rs. 57,05,000/- + Rs. 50,000/-) and market value of
House no. 52 (plot), Dashmesh Colony, Rajpura, Distt Patiala, Punjab
is Rs. 1,09,00,000/-.
7. I have heard learned counsel for the Petitioner and perused the record.
8. The registered Will Ex. P1 has been proved by the Petitioner by
identifying the signatures of the Testator and the attesting witness Shri
Satinder Pal Singh, who was the father of the Petitioner and has since
expired. The whereabouts of the other attesting witness described in
the Will, namely, Mr. Rajan Mahajan, Advocate could not be known.
Thus, the execution of the Will Ex. P1 is proved in good health and
sound mind by the testimony of PW1. All the more, there is no contest
as all other relations, who were heirs of deceased Rajinder Singh, have
also submitted their no objection to the grant of probate in favour of
the Petitioner. I do not feel any legal impediment in grant of probate in
favour of the Petitioner.
9. The petition is accordingly allowed. I hereby grant probate of the Will
dated 08.12.2003 of Late Shri Rajinder Singh in respect of the
properties as mentioned in favour of the Petitioner subject to the
Petitioner filing necessary court fee and furnishing an administrative
and surety bond.
10. The petition is disposed of accordingly.
11. Pending applications are also disposed of.
(G.P. MITTAL)
JUDGE
AUGUST 25, 2014
pst
