Delhi High Court
Sunil Julka And Others vs State (Government Of Nct Of Delhi) ... on 27 November, 2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order delivered on: 27th November, 2014
+ TEST. CAS. No.77/2013
SUNIL JULKA AND OTHERS ..... Petitioners
Through Mr. P.P. Ahuja, Adv.
versus
STATE (GOVERNMENT OF NCT OF DELHI) AND OTHERS
.....Respondents
Through None
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.
1. The petitioners 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 the registered Will dated
1st March, 1996 executed by Late Shakuntla Rani (hereinafter
referred to as "the deceased") who died on 17th September, 2012
at Gurgaon, Haryana.
2. It has been stated that the deceased is the mother of the
petitioners and respondents No.2 to 4 who are her sons and
daughters respectively. Details of the legal heirs of the deceased
are mentioned in Schedule A of the petition. The deceased was
pre-deceased by her husband on 26th January, 1994.
3. It is stated that the deceased was the owner of the property
bearing No.5/46, WEA, Karol Bagh, New Delhi-110005 (hereinafter
referred to as the "suit property"). Details of the immovable property
left by deceased are given in Schedule B of the petition.
4. It is stated that ground floor of the suit property is in
possession of old tenants. The total monthly rent from the old
tenants is Rs.866.90. The Monthly rent from another tenant,
namely, Peter England Fashions, for the remaining ground floor
portion, first and second floor of the suit property was
Rs.10,50,000/-. The total value of the suit property is
Rs.12,61,00,000/-.
5. It is averred that the deceased bequeathed the suit property
in favour of her three sons, i.e. the petitioners, to the extent of 1/3 rd
undivided share each by virtue of the Will dated 1st March, 1996.
The Will dated 1st March, 1996 is duly attested by Mr. R.P. Narang
and Mr. Samir Dhall.
6. Notice of the petition was issued vide order dated 29th
October, 2013. Vide the same order, citations were also directed to
be published in newspapers, "The Statesmen" English edition and
"Dainik Jagran" Hindi edition.
7. No objection has been received from respondents No.2 to 4.
8. Petitioners filed evidence by way of affidavit of Mr. Samir
Dhall, as Exhibit PW-1/X and Mr. Sunil Julka, (petitioner No.1) as
Exhibit PW-2/X who were examined as PW-1 and PW-2
respectively, to prove the contents of the petition. The following
documents have also been filed:
(i) Will dated 1st March, 1996, exhibited as Exhibit PW-1/1.
(ii) Certified copy of the Death Certificate of Roshan Lal Julka,
exhibited as Exhibit PW 2/1.
(iii) Copy of Mutation letter issued by the DDA, lessor of
property in name of Smt. Shakuntla Rani, exhibited as
Exhibit PW 2/2.
(iv) Certified Copy of Death Certificate of Smt. Shakuntla Rani
dated 1st October, 2012, exhibited as Exhibit PW 2/3.
9. The evidence of the petitioner was concluded vide order
dated 3rd November, 2014.
10. Having considered the facts of the case as well as
documents placed on record, it appears that the Will dated 1st
March, 1996 has been proved beyond doubt. Under these
circumstances, the probate is granted in favour of the petitioners
qua the Will dated 1st March, 1996, in respect of the suit property
i.e. property bearing No.5/46, WEA, Karol Bagh, New Delhi-
110005. As regards the valuation report of the suit property, by
order dated 10th January, 2014, the State was directed to file the
report of the Chief Revenue Controlling Authority, however no
report has been filed till date. The probate is granted subject to the
valuation report to be obtained by the petitioner from the Chief
Revenue Controlling Authority and thereafter the stamp duty shall
be accordingly paid thereon. For the said purpose, the matter be
listed before the Joint Registrar on 26th May, 2015 for awaiting the
report.
11. Accordingly, the petition is allowed.
(MANMOHAN SINGH)
JUDGE
NOVEMBER 27, 2014
