B. Venkataraman vs The State, Nct Of Delhi
2014 Latest Caselaw 7017 Del

*         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Pronounced on: 19thDecember, 2014

+      TEST. CAS. NO. 72/ 2013

       B. VENKATARAMAN                                          .... Petitioner

                          Through:     Mr. Ashok Gurnani, Advocate

                                     versus

       THE STATE, NCT OF DELHI                                .... Respondent

                          Through:     None

       CORAM:
       HON'BLE MR. JUSTICE G.P. MITTAL

1. This Petition under Section 276 of the Indian Succession Act, 1925

has been filed by the Petitioner for grant of probate of the Will dated

10.05.2011 executed by Late Lakshmi Balasubramanian, mother of

the Petitioner.

2. As per the averments made in the petition, Lakshmi Balasubramanian

died on 23.03.2013 at New Delhi leaving behind three legal heirs i.e.

B. Venkataraman, the Petitioner; a daughter Dr. (Mrs.) Vanaja

Subramanian and a younger son B. Sundaramurthy. According to the

Will dated 10.05.2011 of the deceased which was executed in the

presence of Mr. Ramesh Chander Gupta and Smt. Raj Rani, attesting

witnesses to the Will:-

The property at B-84, Gulmohar Park, Journalists Colony, New Delhi has been bequeathed by the deceased to her elder son i.e. the Petitioner and he has also been appointed as the executor of the said Will;

The sale proceeds with respect to a house at 107, Durgalaya Road, Tiruvarur, Thanjavur District, Tamil Nadu, which was sold by the deceased in July, 1994 were to be given to the daughter of the deceased; and

The sale proceeds with respect to a flat at Block 4, Kamal Kunj, 197, Sion East, Bombay which was sold by the deceased in March, 2011 were to be given to the younger son of the deceased.

The Petitioner, therefore, has sought probate in respect of the Will

dated 10.05.2011.

3. A list of near relations of the deceased was filed in Schedule A

annexed to the petition. The deceased has left behind a daughter Dr.

(Mrs.) Vanaja Subramanian and a younger son B. Sundaramurthy

apart from the Petitioner.

4. Notice of the petition was sent to the near relations and citation to the

general public was ordered to be taken out in the Indian Express,

Edition Chennai and Mumbai. Citations were duly published in the

earlier said newspapers, but nobody from the general public came

forward to file any opposition to the petition. An Affidavit and written

statement was filed by B. Sundaramurthy, younger brother of the

Petitioner admitting the validity and genuineness of the Will dated

10.05.2011 executed by Late Lakshmi Balasubramanian. No objection

to the grant of probate was also filed by Dr. (Mrs.) Vanaja

Subramanian, the daughter of the deceased. During evidence, the

Petitioner tendered in evidence his Affidavit Ex. PW1/A. He also

proved various documents including the Death Certificate of deceased

Lakshmi Balasubramanian. He also deposed that various other

proceeds as mentioned in para 30 of the Affidavit have gone to his

sister and brother. Shri Ramesh Chander Gupta and Smt. Raj Rani

entered the witness box as PW-2 and PW-3 respectively. They

tendered their evidence through Affidavits wherein they deposed that

the Will Ex. PW1/1 was signed by the deceased testator in presence of

both the witnesses.

5. As stated above, none from the general public has come forward to

oppose the petition. Rather both the other legal heirs of the deceased

Lakshmi Balasubramanian have supported the petition. However, as

per the provision of Section 222 of the Indian Succession Act, 1925,

probate of the Will can be granted only to the named executor of the

Will. In the instant case, the Petitioner is only a beneficiary under the

Will and nobody has been appointed as the executor of the Will.

Thus, though probate of the Will cannot be granted to the Petitioner,

on the other hand, I do not find any impediment in grant of Letters of

Administration in respect of Property No. B-84, Gulmohar Park,

Journalists Colony, New Delhi Ex. PW1/1 annexed to the Will to the

Petitioner.

6. I accordingly, grant the Letters of Administration in favour of the

Petitioner subject to the Petitioner filing necessary court fee on the

sum of Rs. 3,51,55,000/- as determined by the concerned revenue

authority and submitting an Administrative-cum-Surety Bond.

7. The Petition is disposed of accordingly.

8. Pending applications also stand disposed of.

(G.P. MITTAL) JUDGE

DECEMBER 19, 2014 pst