Delhi High Court
Taruna Malik vs The State , Govt Nct Of Delhi on 28 October, 2014
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : 24th SEPTEMBER, 2014
DECIDED ON : 28th OCTOBER, 2014
+ TEST.CASE.No. 61/2013
TARUNA MALIK ..... Petitioner
Through : Mr.Hirein Sharma, Advocate.
versus
THE STATE , GOVT NCT OF DELHI ..... Respondent
Through : None.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J.
1. Petitioner - Taruna Malik has filed the present petition under Section
272 of the Indian Succession Act, 1925 for grant of probate of Will dated
18.11.2010 executed by Late Smt.Santosh Bakshi w/o Late Sh.Vishwa Nath
regarding her estate i.e. One half share in the property bearing No.A-674,
Block-A, Sarita Vihar, New Delhi. It is averred that Late Smt.Santosh
Bakshi executed the said Will in favour of the petitioner and Mrs.Harsh
Gogia.
2. It is averred that Late Smt.Santosh Bakshi was a resident of 6/22,
Shanti Niketan, New Delhi. She expired on 22.12.2012. At the time of her
death, she had left her last Will and Testament dated 18.11.2010 duly
registered as document No.6376 in Book No.III, Volume No.544 in the
office of Sub-Registrar-IX, New Delhi on 29.11.2010. She had bequeathed
her immovable properties in favour of the petitioner, and Mrs.Harsh Gogia,
her another niece (deceased's brother's daughter). She also named the
petitioner and Mrs.Harsh Gogia as the sole beneficiaries of the Will and as
per her last wishes, after her death the petitioner and Mrs. Harsh Gogia were
entitled to take probate of the Will dated 18.11.2010 from the Court of
competent jurisdiction in respect of the immovable properties mentioned
therein. It is further stated that the petitioner is beneficiary of the property
being half share in the property No.A-674, Block-A, Sarita Vihar, New
Delhi. She is already owner in her own right qua the other half of the portion
of the property. It is further stated that Late Smt.Santosh Bakshi was of
sound and disposing mind and was competent to execute the Will being the
absolute owner of the immovable properties mentioned in the schedule. The
Will was executed in the presence of attesting witnesses including Smt.Payal
Malik w/o Sh.Sudhir A.Shah.
3. List of legal heirs as detailed in Schedule-I filed along with the
petition is Smt.Taruna Malik (niece); Sh.Sudershan Kumar Malik (brother);
Smt.Santosh Malik (sister-in-law); Sh.Sharad Malik (nephew); Smt.Madhuri
Yadav (niece); Smt.Payal Malik (niece) and Smt.Harsh Gogia (niece).
Schedule - II describes the list of properties as detailed in the Will dated
18.11.2010. One DDA S.F.S. flat bearing No.22, Neeti Bagh, New Delhi is
stated to have been bequeathed in favour of Smt.Harsh Gogia. One half
share of the property in question has been bequeathed in favour of the
petitioner.
4. Ms.Nidhi Raman, Advocate appeared on behalf of the respondent
No.1 (State). By an order dated 11.09.2013 notice was ordered to be given to
the legal heirs mentioned in Schedule - I from Sl.Nos.2 to 7. Citation was
ordered to be published in 'The Statesman' in English and 'The Jansatta' in
Hindi. Respondent Nos.3 to 6 appeared through their counsel Mr.Siddharth
Dior and Mr.Prem Anand and furnished no objection to the petition being
allowed. Mr.Kunal Anand, learned counsel for the respondent Nos. 2 and 7
also gave no objection to the petition being allowed. They were directed to
file affidavits of 'no objection'. Consequently, their affidavits were taken on
record. Citation was also published on 17.11.2013 in the newspaper 'The
Statesman' and 'The Jansatta'. No public person filed any objection against
the grant of probate pursuant to the publication of the citation in the
newspaper 'The Statesman' and 'The Jansatta'.
5. The petitioner has led evidence by way of affidavit. In her affidavit
(Ex.PW-1/A), she has reiterated the averments made in the petition. She has
stated on oath that Late Smt.Santosh Bakshi was a resident of 6/22, Shanti
Niketan and died at New Delhi on 22.12.2012. The original death certificate
was exhibited as PW-1/1. She further deposed that Late Smt.Santosh Bakshi
at the time of her death left her last Will and Testament dated 18.11.2010
(Ex.PW-1/2). The original Will has been filed in Test Case No.62/2013. As
per her last Will (Ex.PW-1/2) she bequeathed her immovable properties in
her (petitioner) favour and in favour of Mrs.Harsh Gogia. Both of them were
named as sole beneficiaries of the Will. She further deposed that Late
Smt.Santosh Bakshi was of sound and disposing mind and was competent to
execute the Will in question being the absolute owner of half share of the
property in question. She further produced affidavit evidence of Smt.Payal
Malik (Ex.PW-2/A). She corroborated the version of the petitioner and
stated that Will dated 18.11.2010 (Ex.PW-1/2). was executed by
Smt.Santosh Bakshi and she had put her signatures thereon as one of the
attesting witnesses in the presence of the testatrix and the other attesting
witness. She had seen the said test tricks and other attesting witness signing
the said Will in her presence at the same time. Smt.Payal Malik identified
signatures of Late Smt.Santosh Bakshi at the Will at point 'A' and that of
the other attesting witness at point 'B' and her own signatures at point 'C'.
She also testified that deceased Late Smt.Santosh Bakshi was in her
complete senses and she executed the Will without any coercion, undue
influence or misrepresentation in favour of Smt.Harsh Gogia and Taruna
Malik out of love and affection for them.
6. I have heard the learned counsel for the petitioner and have examined
the record. Will (Ex.PW-1/2) has been proved as per law. It was executed by
the deceased Late Smt.Santosh Bakshi in the presence of two attesting
witnesses Smt.Payal Malik and Sh.Sanjay Sood. None of the persons have
come forward to challenge the Will. The legal heirs of the deceased
respondent Nos.2 to 7 have given their 'no objection' to the grant of probate.
The petitioner has produced evidence by way of affidavit of attesting
witness Smt.Payal Malik. Accordingly, I do not find any impediment in
granting the probate to the petitioner in respect of the Will of testatrix.
7. Valuation report has been submitted by the Executive Magistrate,
Sarita Vihar, Distt. South-East, New Delhi. As per his report, the half share
of the aforesaid properties comes out to the value of ` 38,10,000/- only.
8. In the light of the above discussion, probate of the Will dated
18.11.2010 is granted to the petitioner to the extent of one half share in the
property bearing No.A-674, Block-A, Sarita Vihar, New Delhi, subject to
her paying requisite Court Fee and furnishing administrative bond with one
surety, to the satisfaction of the Registrar General of this Court.
9. The petition stands disposed of.
S.P.GARG, J
OCTOBER 28, 2014 / tr
