Satnam Arora & Another vs The State
2015 Latest Caselaw 9086 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                       Order delivered on: 7th December, 2015

+                       Test Case No. 14/2008

       SATNAM ARORA & ANOTHER                    ..... Petitioners
                     Through  Mr. D.R.Bhatia, Adv.

                        versus

       THE STATE                                      ..... Respondent
                        Through    None

       CORAM:
       HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J.

1. The petitioners have preferred the present probate petition under Section 276 of the Indian Succession Act (hereinafter referred to as "the Act") for grant of probate pertaining to the registered Will dated 19th April, 1980 executed by Late Smt. Milawi, w/o Late Shri Piladha Ram (hereinafter referred to as "the deceased") in respect of estate left behind by Smt. Milawi who died on 8th August, 1994.

2. It has been stated that the petitioners are the President and General Secretary of Sanathan Dharm Sabha (Regd.), having its registered office at Sanker Road, Rajinder Nagar, New Delhi. The petitioners are the executors of the Will dated 19th April, 1980 executed by the deceased.

3. It is stated that the deceased executed her last Will and testament on 19th April, 1980 which was duly registered with the

Office of the Sub-Registrar, Delhi, as document No.891, in Additional Book No.3, Volume No.158 at pages 73 to 75, on 21st April, 1980.

4. It is stated that as per the said Will, the husband of the deceased, pre-deceased her and there are no other legal heirs left behind by her. The Will left behind by the deceased disclosed a few relations of hers, but the enquiries made by the petitioners/executors revealed that the said relations have since expired.

5. It is stated that the deceased was the owner of the property bearing No.13/8, Old Rajinder Nagar, New Delhi-110060 and was residing at the said property when she expired on 8th August, 1994.

6. As per the last Will and Testament executed by the deceased, her above mentioned property was bequeathed upon Shri Sanatan Dharm Sabha (Regd.) which will have to be used for charitable purposes, as envisaged in the said Will.

7. It is further stated that the Will specifically mentioned the names of Shri Sham Dass, Shri Choeth Ram and Shri Milap Chand as brothers of her deceased husband and one sister, clarifying that since the property was self-acquired property of her husband and stood mutated in her name, the brothers and sister of her husband have no share in the property bequeathed by her to the Shri Sanatan Dharm Sabha (Regd.). It has also been further stated that enquiries made by the petitioners would reveal that all the four attesting witnesses have expired.

8. Notice of the petition was issued to the State through Chief Revenue Controlling Authority as well as to the relations of the deceased as per the list enclosed with the petition. Notices were also directed to be issued by publication of citations in the English daily "the Statesman" Delhi edition. As per the service report, relations No.2 and 3 namely Mr. Cheeth Ram and Mr. Milap Chand have expired. However, the learned counsel for the petitioners did not file any application for impleading their legal heirs in the petition. His statement was recorded on 7th November, 2008 that the details of the legal heirs of the deceased relations could not be ascertained despite efforts of the petitioners. Citations were published in the newspapers. Valuation report was filed on 4th July, 2014.

9. Petitioners filed evidence by way of affidavit of Mr. Shri Satnam Arora as Ex. PW-1/A who was examined as PW-1 to prove the contents of the petition and certain documents were exhibited as Ex.PW1/1 to Ex.PW1/3. The same are as follows:-

 Copy of Authorization/Resolution dated 12th August, 2007 in favour of Shri Satnam Arora by the Sanatan Dharm Sabha has been exhibited as Ex.PW-1/1;

 Death Certificate of Smt. Milawi has been exhibited as Ex.PW-1/2;

 Copy of the Will dated 19th April, 1980 executed by Smt. Milawi has been exhibited as Ex.PW-1/3.

10. PW-2 Shri Satya Pal working as record attendant brought the original record pertaining to the registration of the Will dated 19th April, 1980 of Smt. Milawi and proved the photocopy of the Will already placed on record as Ex.PW-1/3 as true and correct copy.

11. PW-3 Shri Raman Vij working as Sub-Registrar brought the original record pertaining to the death certificate of Smt. Milawi Bai dated 16th August, 1994 and proved the photocopy of the certificate as Ex.PW1/2 as true and correct copy.

12. In the statement of PW-4 Shri Munshi Singh working as caretaker stated that he had accompanied Smt. Milawi to the office of Sub-Registrar for execution of her Will at her request. Four more persons had accompanied them to the office of Sub-Registrar namely Sh. Shyam Dass, Sh. Chauth Ram, Sh. Arjun Dass and Sh. Milap Chand. In the office of Sub-Registrar, Smt Milawi Devi got prepared her Will dated 19th April, 1980 and appended her thumb marks on the same and thereafter all the said four witnesses signed the same in his presence. He further stated that he can identify the signatures of the attesting witnesses namely, Sh. Milap Chand in portion circled 'X' and Sh. Arjun Dass in portion circled 'Y' on Will Ex. PW1/3 as they used to visit their temple and he had seen them signing the papers. He also stated that Smt. Milawi Devi as well as the four witnesses has passed away.

13. The petitioner's evidence was closed accordingly vide order dated 6th August, 2012. Counsel for the petitioners upon instructions has made the statement that the petitioners undertake

to use the said property wholly for charitable purposes and nothing else as per Will. Counsel for the petitioners upon instructions has made the statement that the petitioners undertake to use the said property wholly for charitable purposes and nothing else as per Will.

14. Having considered the facts of the case as well as documents placed on record, it appears that the Will dated 19th April, 1980 has been proved beyond doubt. Under these circumstances, the present petition is allowed. The probate is granted in favour of petitioners qua the Will dated 19th April, 1980, in respect of the property of the deceased Late Smt. Milawi .

15. Accordingly, the petition is allowed. The probate is granted in respect of the Will upon the petitioners filing the requisite court fee/stamp duty.

16. The petition is disposed of accordingly.

(MANMOHAN SINGH) JUDGE DECEMBER 7, 2015