Delhi High Court
Geetika Verma vs State on 27 March, 2014
Author: V.K.Shali
* HIGH COURT OF DELHI AT NEW DELHI
+ Test Cas No.93 of 2012
Decided on : 27th March, 2014
GEETIKA VERMA ...... Petitioner
Through: Ms. Sana Ansari, Advocate with
petitioner in person.
Versus
STATE ...... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
V.K. SHALI, J.
1. This is a petition under Section 278 of the Hindu Succession Act,
1956 for grant of probate of the Will dated 14.10.1996 and Letters of
Administration.
2. Briefly stated the facts of the case are that the petitioner, Geetika
Verma, is the niece of the deceased testatrix, Urmilla Devi Abbi, and also
the executor of the Will dated 14.10.1996. The deceased testatrix was
unmarried and professed Hindu religion. She was the sole and absolute
owner of the suit property bearing Flat No.12-A, Ground Floor,
Category-LIG, DDA Flats, Tamoor Nagar, New Delhi-65, which was the
self-acquired property. The deceased is stated to have been residing in
the suit premises from the date of purchase till her demise. The learned
counsel for the plaintiff has stated that the deceased executed and left a
Will dated 14.10.1996 which was never revoked by her and by virtue of
the said Will, the petitioner was appointed as the sole executor and the
sole beneficiary of the Will and, therefore, the petitioner is entitled to the
probate of the Will. It is further stated that the father of the deceased had
three children, namely, Nirmala Devi, Urmila Devi Abbi & Surinder
Abbi. It is stated that Nirmala Devi (sister of the deceased Urmila Devi
Abbi) expired on 24.8.2010 leaving behind the petitioner as the only
child/legal heir. The brother of the deceased is a permanent resident of
Germany for the last 50 years and had no contact with the deceased or
petitioner or any other family member. It is contended that the deceased
had expired on 9.10.2012 issueless and bequeathed her self-acquired
property in favour of the petitioner out of natural love and affection as
she used to treat the petitioner as her own child.
3. The petitioner being the only surviving legal heir of the deceased
filed the present petition for grant of Probate or Letter of Administration
in respect of the suit property of the deceased.
4. Notice of the petition was issued to the State as well as to the Chief
Revenue Controlling Authority. The valuation report in respect of the
suit property was called for. The publication of citation in the English
daily 'The Statesman' and the Hindi daily 'Dainik Jagran', Delhi edition
as also in the overseas edition of 'The Statesman' which has circulation in
Germany, was also directed to be affected. The citation duly published
has been received. The valuation report has also been filed by the State
in respect of the suit property. The value of the property is shown to be
Rs.20,49,810/-. The valuation given by the learned SDM is accepted.
5. The petitioner was examined as PW-1. She has tendered her
affidavit by way of evidence in examination-in-chief, i.e., Ex. PW 1/X
and exhibited two documents exhibited as Ex. P-1 and Ex. P-2, the
photocopy of the death certificate of Urmila Abbi and the photocopy of
the Will executed by Urmila Abbi. The petitioner has also examined PW-
2, Zubeda Begum, Advocate, one of the attesting witness to the Will, who
has also tendered her affidavit by way of evidence in examination-in-
chief, i.e., Ex. PW 2/X and had identified her signatures on the photocopy
of the Will Ex. P-2 in portion circled P-1 and also the signatures of the
deceased Urmila in portion circled X. She has further stated that there is
one more attesting witness who had also signed the Will in presence of
the other two witnesses. There is no cross-examination of the witness
and further testimony goes uncontested and has to be accepted.
6. There was no opposition to the present petition as no objection has
been filed by any person in response to the publication of the citation.
7. I have considered the submissions and have gone through the
record including the evidence led by the witnesses. I am satisfied that the
Will dated 14.10.1996 has been proved beyond doubt by the petitioner.
8. Under these circumstances, the present petition is allowed. The
probate is granted in favour of the petitioner qua the Will dated
14.10.1996 in respect of the suit property of the deceased on the
petitioner filing the requisite court fee and furnishing administrative bond
with one surety to the satisfaction of the learned Registrar General of this
court.
9. The petition stands disposed of.
V.K. SHALI, J.
MARCH 27, 2014
'AA'
