Sandip Kuldip Khosla vs State & Anr
2014 Latest Caselaw 7065 Del

$~28.
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       TEST.CAS. 76/2014
%                                       Date of decision : 22nd December, 2014
        SANDIP KULDIP KHOSLA                               ..... Petitioner
                      Through :         Mr.Nittin Bhatia, Adv.

                           versus

        STATE & ANR                                         ..... Respondents
                           Through :    Mr.Jayendra, Adv.

        CORAM:

              HON'BLE MR. JUSTICE G.S.SISTANI

G.S.SISTANI, J. (ORAL)

1. Petitioner has filed the present petition under Section 278 of the Indian Succession Act seeking grant of letter of administration with respect to the Will dated 1.3.2012 (wrongly typed as Will dated 2.3.2012) of late Sh.Kuldip Khosla, who died on 24.4.2013, at New Delhi. The death certificate of the testator, Sh.Kuldip Khosla, has been exhibited as Ex.PW-1/1.

2. Notice was issued to the State. Citation has been issued in the Delhi Statesman. Notice was also issued to the close relations.

3. Despite service, none of the close relations or anyone has chosen to appear and oppose the present petition. The respondent no.2 is the wife of late Sh.Kuldip Khosla and mother of the petitioner herein, and she has filed her no objection with respect to grant of letter of administration of the Will dated 1.3.2012 of late Sh.Kuldip Khosla, with respect to credit balances in the Saving Bank Accounts at State Bank of India and Fix Deposit in the same bank.

4. The petitioner has filed his affidavit by way of evidence, which is exhibited as Ex.PW-1. PW-1 has deposed that the deceased, Sh.Kuldip Khosla, has left the registered Will dated 1.3.2012, which is duly registered with the Sub-Registrar-III, Delhi at Registration No.124 in Book No.3 Volume No.153 on pages 193 to 197. True copy of the Will has been exhibited as Ex.PW-1/2. PW-1 has deposed that the deceased, Sh.Kuldip Khosla, was resident of Delhi and at the time of death he was also residing at Delhi. Out of the three legal heirs, respondent no.2 (being one of the legal heirs) has already given her no objection for grant of letter of administration in favour of the petitioner and the other legal heir [being the sister of the plaintiff (Ms.Manisha Kuldip Khosla)] has passed away on 16.1.2014. True copy of the death certificate of late Ms.Manisha Kuldip Khosla, is exhibited as Ex.PW-1/3. It has also been deposed by PW-1 that Ms.Manisha Kuldip Khosla was unmarried at the time of her death and she did not leave behind any legal heirs besides the mother. Affidavit of one of the attesting witnesses (Mr.Waseem Ahmed) of the Will dated 1.3.2012 has also been filed, wherein he has deposed that the testator (Mr.Kuldip Khosla) had signed the Will dated 1.3.2012 in his presence and in the presence of the other attesting witness (Mr.Rakesh Sharma). Mr.Waseem Ahmed has also deposed that he and the other attesting witness (Mr.Rakesh Sharma) have also signed in the presence of the testator, late Sh.Kuldip Khosla. The attesting witness, Mr.Waseem Ahmed, has also deposed that the testator, Mr.Kuldip Khosla, was in sound disposing mind at the time of execution of the Will dated 1.3.2012.

5. I have heard the petitioner and also carefully examined the affidavit by way of evidence filed by the petitioner, affidavit of the attesting witness, who has duly proved the execution of the Will dated 1.3.2012, and the no objection filed by the respondent no.2 with respect to grant of movable

property left behind by Sh.Kuldip Khosla.

6. Taking into consideration the evidence on record, there is no legal impediment in granting letter of administration with respect to the Will dated 1.3.2012 of late Sh.Kuldip Khosla, in favour of the petitioner herein.

7. Accordingly, present petition is allowed. Letters of administration of the Will dated 1.3.2012 of late Sh.Kuldip Khosla, be granted in favour of the petitioner with respect to the movable property i.e. (i) credit balance in the Saving Bank Account No.31611484512 held with State Bank of India, New Rajinder Nagar branch, New Delhi-110 060 and the (ii) credit balance in the Fixed Deposit bearing Account No.31638715903 held with State Bank of India, New Rajinder Nagar branch, New Delhi-110 060, subject to petitioner's filing necessary court fees and furnishing administrative bond.

G.S.SISTANI, J DECEMBER 22, 2014 ssn