Sandeep Rekhi vs The State & Ors.
2015 Latest Caselaw 4553 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                Order delivered on: 30th June, 2015

+                           TEST. CAS. No.8/2012

      SANDEEP REKHI                                   ..... Petitioner
                                 Through   Mr. S.B.S.Vashishtha, Adv.

                            versus

      THE STATE & ORS.                                .....Respondents
                                 Through   Mr. A.K. Upadhya, proxy
                                           counsel

      CORAM:
      HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J.

1. The petitioner has preferred the present petition under Section 276/278 of the Indian Succession Act (hereinafter referred to as "the Act") for grant of probate/letters of administration in respect of the estate of Late Smt. Sunita Rekhi.

2. It has been stated that Late Smt. Sunita Rekhi, wife of the petitioner resident of BW-63-C, Shalimar Bagh, Delhi was the owner of the following properties:-

a) SFS Flat bearing No.441, Ground Floor Category-II, Block-C, Sector-19, Rohini, Delhi-110085

b) Half share in the property bearing No.178-C, Amravati Enclave, Ambala-Kalka Road, National Highway-22, Near Panchkula, Chandigarh

3. It is stated that the aforementioned properties were purchased by late Smt. Sunita Rekhi out of her own funds and one more property bearing No.2269, Sector 46, Urban Estate, Gurgaon, Haryana was also purchased by Late Smt. Sunita Rekhi but the same was disposed of by her during her life time. Late Smt. Sunita Rekhi died on 23rd November, 2007 leaving behind one minor daughter- respondent No.2 and one minor son- respondent No.3 and her husband-petitioner.

4. It is stated that Late Smt. Sunita Rekhi executed a Will at Delhi on 10th January, 2007 in favour of the petitioner in the presence of two attesting witnesses namely, Mrs.Rajdeep Singh and Mrs. Pinu Rekhi whereby the deceased bequeathed her aforesaid property in favour of the petitioner.

5. It is further stated that at the time of execution of the Will the testatrix was of sound disposing mind and has executed the Will out of her own free will without any pressure or coercion from any corner and signed the same after reading and understanding the same in presence of the attesting witnesses. The respondent No.2 and 3 are minors aged about 17 years and 15 years respectively who cannot be represented through their natural guardian i.e. their father who is the petitioner and hence their grand-mother Kamlesh

Rekhi, wife of Late Nand Lal be appointed as Guardian of the minor respondents.

6. Notice of the petition was issued vide order dated 2nd March, 2012. By the same order citations were also directed to be published in the newspapers "The Tribune" (English edition) and "Navbharat Times" (Hindi edition).

7. Reply on behalf of the respondents No.2 and 3 has been filed in which they have raised their no objections to the prayer made by the petitioner. Valuation report has also been filed by respondent No.1.

8. Evidence by way of affidavit was filed on behalf of the petitioner of Mr. Sandeep Rekhi (petitioner) as Ex.PW-1/A and Mrs. Pinu Rekhi as Ex.PW-2/A who were examined as PW-1 and PW-2 respectively, to prove the contents of the petition. The following documents have also been filed:

(i) Photocopies of the documents of ownership of the aforementioned properties exhibited as Exhibit PW-1/1 and PW-1/2 respectively.

(ii) Copy of the Death Certificate of Smt. Sunita Rekhi, exhibited as Exhibit PW 1/3.

(iii) Original Will dated 10th January, 2007 exhibited as Exhibit PW 2/1.

9. The evidence of the petitioner was concluded vide order dated 24th November, 2014.

10. During the pendency of the proceedings, the respondent Nos. 2 and 3 have attained majority. The said fact has also been mentioned in the order dated 27th April, 2015. They have filed their respective affidavits in support of this.

11. Having considered the facts of the case as well as documents placed on record, it appears that the Will dated 10th January, 2007 has been proved beyond doubt. Under these circumstances, the probate is granted in favour of the petitioner qua the Will dated 10th January, 2007 in respect of the aforementioned properties, subject to the valuation report already received from the Chief Revenue Controlling Authority and the stamp duty shall be accordingly paid thereon.

12. Accordingly, the petition is allowed.

(MANMOHAN SINGH) JUDGE JUNE 30, 2015