Delhi High Court
Vijay Lakshmi Marwah & Anr vs State on 11 September, 2014
Author: G. S. Sistani
$~36.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 88/2011
% Judgment dated 11.09.2014
VIJAY LAKSHMI MARWAH & ANR ..... Petitioners
Through : Mr.Anand Nandan and Mr.Ashish Tiwari,
Advs.
versus
STATE ..... Respondent
Through : Mr.Rajat Aneja and Ms.Rashmi Verma,
Advs. for Objector no.1.
Mr.Puneet Verma and Mr.Kirti Parmar,
Advs. for Objector no.2.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
1. By the present petition filed under Section 276 read with Section 228 of
Indian Succession Act, 1925, the petitioners seek probate/letters of
administration with respect to the Will dated 30.8.2006 of late
Smt.Shakuntala Rani @ Smt.Dayawanti Taneja.
2. Notice in this petition was issued to the State and also to the close
relations. Valuation report has been received. Copy of citation has also
been filed. Objections have been filed by Sh.Vijay Pratap Taneja and
Sh.Vikram Taneja.
3. Today, both the Objectors, Sh.Vijay Pratap Taneja and Sh.Vikram Taneja,
are present in Court. They are duly identified by their respective counsel.
Objectors submit that they wish to withdraw the objections and they have
no objection if probate of the Will of late Smt.Shakuntala Rani @
Smt.Dayawanti Taneja is granted in favour of the petitioners.
4. The petitioners have filed affidavit by way of evidence (Exhibit PW-2/A)
of petitioner no.2, Dr.Asha Chugh. In the affidavit, PW-2/A has deposed
that her mother, Smt.Shakuntala Rani @ Smt.Dayawanti Taneja, died on
9.2.2011. Death certificate has been exhibited as Exhibit P-2.
5. Affidavit of one of the attesting witnesses, Smt.Rashmi Verma, has also
been filed, which has been marked as Exhibit PW-1/A. As per PW-1/A on
30.8.2006 testatrix has signed the Will in her presence. She had seen the
testatrix read the Will and sign on each page of the Will including the last
page and thereafter PW-1/A had signed the Will as an attesting witness in
the presence of the testator and in the presence of the second attesting
witness, Dr.K.B. Sood. This witness has also deposed that testatrix was of
sound mind at the time of affixing her signatures on the Will dated
30.8.2006. The signatures of Smt.Shakuntala Rani @ Smt.Dayawanti
Taneja have been identified at point 'B' at each page of the Will. This
witness has identified her signatures at point 'B' at each page. The Will
has been exhibited as PW-2/1.
6. Taking into consideration the evidence placed on record, the stand of the
parties and having regard to the fact that objections filed by two sons of
late Smt.Shakuntala Rani @ Smt.Dayawanti Taneja stand withdrawn,
there is no legal impediment in granting probate with respect to the Will
dated 30.8.2006 of late Smt.Shakuntala Rani @ Smt.Dayawanti Taneja in
favour of the petitioners herein.
7. Accordingly, present petition is allowed. Probate/letters of administration
of the Will dated 30.8.2006 of late Smt.Shakuntala Rani @
Smt.Dayawanti Taneja be granted in favour of the petitioners subject to
petitioners' filing necessary court fees and furnishing administrative and
surety bond.
8. Today two cheques in the sum of Rs.4,27,880/- and Rs.6,60,312/-,
respectively, have been handed over to Sh.Vijay Pratap Taneja, and one
Cheque in the name of Ms.Divya Hattongadi, has been handed over in
Court. The cheques have been duly accepted. It is submitted that the said
cheques would be encashed upon presentation.
G.S.SISTANI, J
SEPTEMBER 11, 2014
msr
