Delhi High Court
Seemant Dua vs The State Of Nct, Delhi on 10 December, 2015
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST CAS. 13/2003
% 10th December, 2015
SEEMANT DUA ..... Petitioner
Through: Mr. Ashish Dogra, Advocate.
Petitioner in person.
versus
THE STATE OF NCT, DELHI ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This testamentary case is filed by the petitioner seeking probate
of the Will dated 15.9.2001 executed by the deceased Dr. Ram Parkash Dua.
Petitioner is the nephew of late Dr. Ram Parkash Dua who expired at Delhi
on 17.2.2003,
2. In the present case, petitioner had given the names of the legal
heirs of the deceased Dr. Ram Parkash Dua in para 3 of the petition and two
of which legal heirs had filed objections but thereafter these objections
were not pursued. It may be noted that as per the averments in the
TEST CAS. 13/2003 Page 1 of 4
Will dated 15.9.2001 of late Dr. Ram Parkash Dua, his wife i.e Smt. Raj Dua
had deserted him way back in 1961 as also his daughter who is mentioned at
serial no.3. In the Will of late Dr. Ram Parkash Dua, it is mentioned that it
is the petitioner who took care of late Dr. Ram Parkash Dua in his old age.
3. Petitioner has stepped into the witness box as PW-1 and has
proved the aspect that the wife and daughter of late Dr. Ram Parkash Dua
left him in 1961 and in fact it is the petitioner who was taking care of late
Dr. Ram Parkash Dua. Petitioner has also deposed as to the soundness of
mind of late Dr. Ram Parkash Dua at the time of execution of the subject
Will dated 15.9.2001. The Will has been duly registered with the Sub-
Registrar as a document No. 32631 in additional book No.3, Volume No.
5429 at pages from 28 to 29.
4. Petitioner has also led evidence of one attesting witness
Brigd.(Retd.) Surinder Kumar Grover as PW-2. This witness has proved the
due execution and attestation of the Will and that the testator had signed in
front of the attesting witnesses and the attesting witnesses had signed in
front of the testator. The Will is proved as Ex.PW2/1. PW-2 has also proved
the soundness of mind of the deceased testator for making of the Will and in
fact it is stated that after making the Will Dr. Ram Parkash Dua was active
TEST CAS. 13/2003 Page 2 of 4
and used to read various research papers at various institutions. In fact, after
getting the Will registered, he read his paper at the India History Congress at
Amritsar (Punjab). On the date of his death, he attended a lecture at SAPRU
House.
5. In view of the above, petitioner having led evidence to prove
the due execution and attestation of the Will, and also that the deceased
testator late Sh. Ram Parkash Dua was in sound disposing mind at the time
of execution of the Will, this probate petition is allowed and the petitioner is
granted probate of the Will dated 15.9.2001 Ex.PW2/1.
6. Since the petitioner is almost a sole beneficiary in terms of the
Will of late Dr. Ram Parkash Dua, petitioner will give an administration
bond limited to certain books which as per the Will were to be given to other
nephews Sh. Vikas Bhusri and Sh. Neeraj Pahwa. Also, the administration
bond will also be given with respect to amounts which are lying in the bank
accounts of late Dr. Ram Parkash Dua, in case the petitioner wants to be the
administrator of the amounts in these bank accounts. It is noted that the Will
does not divide the bank accounts between any legal heirs and therefore, in
case the petitioner takes control of the bank accounts, he will do so only as
TEST CAS. 13/2003 Page 3 of 4
an administrator/trustee for giving the benefit of the amounts lying in the
bank accounts to the legal heirs as per law.
7. Let a probate be granted to the petitioner on filing the necessary
court fee and the administration bond. Petition is allowed and disposed of
accordingly.
DECEMBER 10, 2015 VALMIKI J. MEHTA, J.
ib
