Delhi High Court
Dr. Krishan Dass Nagrath vs State & Ors. on 2 September, 2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order delivered on : 2nd September, 2014
Test Case No.48/2014
DR. KRISHAN DASS NAGRATH ..... Petitioner
Through Mr. Rahul Gupta and Mr. Shekhar
Gupta, Advs.
versus
STATE & ORS. .....Respondent
Through None
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J. (Oral)
1. The petitioner has preferred the present probate petition under
Section 213 read with Sections 228 and 273 of the Indian Succession
Act (hereinafter referred to as "the Act") for grant of letters of
administration in respect of Will dated 22nd January, 2010 executed
by Late Mrs. Virmati Nagrath (hereinafter referred to as "the
deceased") resident of Manor House, Rectory Road, Orsett, Essex-
RM15-3EH, U.K. who died on 17th August, 2012 in London, U.K.
2. It has been stated that the petitioner, an Overseas Citizen of
India, is the husband of the deceased and co-owner of property
bearing No. S-231, Greater Kailash-1, New Delhi- 110048 co-owned
by the deceased. The petitioner and the deceased had one-half
equal share each in the property. By virtue of the Will dated 22nd
January, 2010, the deceased had bequeathed her share, rights and
interest in said property bearing No. S-231, Greater Kailash-1, New
Delhi- 110048 in favour of the petitioner.
3. The legal heirs of the deceased who survived her are as under:
(i) Dr. Krishan Dass Nagrath, (husband/petitioner)
(ii) Rita Bassi (daughter/respondent No.2)
(iii) Renu Woodbridge (daughter/respondent No.3)
(iv) Arun Nagrath (son/respondent No.4)
4. It has been stated that the petitioner has obtained probate of
the Will left by the deceased vide order and judgment dated 14th
August, 2013 passed by District Probate Registry at Ipswich.
However, since the probate judgment is that of a court in U.K. and the
Will is executed in respect of the immovable property situated at New
Delhi, the petitioner has filed the present petition for seeking Letters
of Administration in respect of the said Will before this Court. It is the
case of the petitioner that he is mainly seeking from this Court re-
endorsement over the probate already granted in his favour by the
U.K. court vide order and judgment dated 14th August, 2010.
5. Notice of the petition was issued to the Government of NCT of
Delhi with the direction to obtain a report of the Chief Revenue
Controlling Authority for valuation of said property and to respondents
No. 2 to 4. Citations were also directed to be published in the Delhi
edition of "the Statesman". The respondents No. 2 to 4 were also
served through emails pursuant to order dated 28th May, 2014.
6. Affidavits of 'no objection' have been filed by respondents No. 2
and 3 in support of the petition stating therein that they have no
objection for grant of letters of administration of Will executed by the
deceased in favour of the petitioner. Affidavit of service by email on
respondent No. 4 has been filed. Respondent No. 4 is proceeded
exparte.
7. Valuation report has still not been filed. However, it is stated in
the petition as well as the affidavit of the petitioner that value of half of
the property bearing No. S-231, Greater Kailash -I, New Delhi in
respect of which the probate of the Will is sought is about
Rs.1,15,00,000/-.
8. Petitioner filed his evidence by way of affidavit and has also
filed the following documents:
(i) Certified copy of the passport of the petitioner as Exh.
PW-1/1.
(ii) OCI Registration Certificate of the petitioner as Exh.
PW-1/2A.
(iii) Certified copy of registered sale deed dated 31st
October, 1968 as Exh. PW-1/3.
(iv) Death Certificate of Late Mrs. Virmati Nagrath as Exh
PW-1/4.
(v) Certified copy of the order and judgment dated 14th
August, 2013, certified copy of the Will dated 22nd
January, 2014 and certified dated 14th March, 2014 as
Exh PW-1/5.
9. Having considered the facts of the case as well as documents
placed on record, it appears that the Will dated 22nd January, 2014
has been proved beyond doubt. Under these circumstances, the
present petition is allowed. The letters of administration is granted in
favour of petitioner qua the Will dated 22nd January, 2014 in respect
of the half of the property bearing No. S-231, Greater Kailash -I, New
Delhi- 110048 of which the deceased Late Virmati Nagrath was the
owner.
10. The area of the entire property is 208 square meters as per the
sale deed dated 31st October, 1968 filed by the petitioner on record.
The valuation petitioner given for half of the property bearing No. S-
231, Greater Kailash -I, New Delhi in respect of which the probate of
the Will is sought is stated to be about Rs.1,15,00,000/- by the
petitioner. However, as per categorisation of colonies in Delhi, the
said property falls in Category B of which the circle rate is
Rs.2,04,600/- per square meter. Thus, I am of the considered view
that the stamp duty has to be paid strictly as per the circle rates
applicable to the said property.
11. Accordingly, the petition is allowed. The letters of administration
is granted in respect of the Will in favour of the petitioner subject to
filing the requisite stamp duty with eight weeks from today.
12. List the matter before the Joint Registrar on 28th November,
2014 for compliance.
13. The probate stands disposed of.
(MANMOHAN SINGH)
JUDGE
SEPTEMBER 02, 2014
