Delhi High Court
Gaurav Taneja vs State And Others on 13 October, 2014
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST CASE 93/2013
GAURAV TANEJA ..... Petitioner
Through: Mrs. Biji Rajesh with Mr.Gaurang
Kanth, Advocates
versus
STATE AND OTHERS ..... Respondents
Through: Mr. Kumar Ravi Ranjan, Advocate for
R-2 and 3.
CORAM:
HON'BLE MR. JUSTICE G.P. MITTAL
ORDER
% 13.10.2014
1. This petition under Section 274 of the Indian Succession Act, 1925
(the Act) for grant of probate in respect of the Will dated 06.09.2005
purported to have been executed by Late Shri Raj Kishan Taneja and
duly registered in the office of the Sub-Registrar-V, Pitampura, New
Delhi vide Registration No.26481, Book No.1, Volume 3, has been
filed by Petitioner Gaurav Taneja, who is the younger son of the
deceased Shri Raj Kishan Taneja.
2. It is alleged that Late Shri Raj Kishan Taneja died on 04.07.2011 at
the Army Hospital, New Delhi leaving behind the Petitioner and
Respondents no.2 and 3 as his only legal heirs. Petitioner and
Respondent no.2 are the two sons whereas Respondent no.3 Smt. Asha
Rani Taneja is the widow of deceased Raj Kishan Taneja.
3. According to the Petitioner, by virtue of the Will dated 06.09.2005,
the deceased bequeathed his immovable property, i.e. Property no.108,
Block G, Pocket P, known as GP 108, Maurya Enclave, Pitampura,
Delhi-110088, in favour of the Petitioner, who is the younger son of
the deceased.
4. Notice of the petition was issued to the Respondents and citations to
the General Public as also to the legal heirs were also published in
"The Statesman" (English), Delhi Edition and "Punjab Kesari"
(Hindi), Delhi Edition.
5. The near relations, Respondents no.2 and 3 filed their Affidavit-cum-
no objection certificates for grant of probate in respect of Will dated
06.09.2005 of Late Shir Raj Kishan Taneja in favour of the Petitioner.
6. In support of the petition, the Petitioner has filed his own Affidavit
Ex.PW-1/X. He entered the witness box as PW-1. He testified that he
is the younger son of Late Shri Raj Kishan Taneja. Respondent no.2 is
his elder son whereas Respondent no.3 is his widow. He testified that
his father Late Shri Raj Kishan Taneja died on 04.07.2011 at Army
Hospital. He proved the death certificate as Ex.PW-1/1. He deposed
that his father was the absolute owner of the property bequeathed and
proved copy of the Conveyance Deed as Ex.PW-1/2. He added that
his father executed a Will dated 06.09.2005 bequeathing the earlier
stated property in his favour.
7. The Petitioner also examined Dhiraj Kuamr Basra, one of the attesting
witness to the Will as PW-2. PW-2 Dhiraj Kumar Basra proved his
Affidavit Ex.PW-2/X and deposed that Late Shri Raj Kishan Taneja
had executed a Will Ex.PW-2/1 and had signed the same in his
presence and in presence of Ms. Savita Dahiya, the other attesting
witness to the Will.
8. Valuation report in respect of the property, subject matter of the Will
has been received. The valuation given is `1,48,12,560/- which has
been accepted by the Petitioner.
9. I have heard the learned counsel for the Petitioner and have perused
the record.
10. The Will dated 06.09.2005 Ex.PW-2/1 has been proved by PW-2 by
identifying the signatures of the Testator and other attesting witness
Ms. Savita Dahiya.
11. It is proved that Will Ex.PW-2/1 was executed by Late Shri Raj
Kishan Taneja without any coercion, force, pressure or undue
influence and in sound disposing state of mind. All the more, there is
no contest to the Petition as all the other Class-I heirs of Late Shri Raj
Kishan Taneja have submitted their no objection to the grant of
probate in favour of the Petitioner.
12. I do not find any impediment in grant of probate in favour of the
Petitioner.
13. The Petition is accordingly allowed.
14. I hereby grant probate of the Will dated 06.09.2005 of Late Shri Raj
Kishan Taneja in respect of the property as mentioned in the Will
Ex.PW-2/1 in favour of the Petitioner on filing of necessary court fee
and furnishing an administrative and surety bond.
15. Pending application also stands disposed of.
G.P. MITTAL, J.
OCTOBER 13, 2014
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