Sanjeev Kapoor & Ors vs State & Ors
2016 Latest Caselaw 5498 Del

$~23.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     TEST.CAS. 3/2013
      SANJEEV KAPOOR & ORS                      ..... Petitioners
                   Through: Mr. Birender Chaudhary, Advocate

                         versus


      STATE & ORS                                        ..... Respondents
                         Through: None

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 23.08.2016

1. The present petition has been filed by the petitioners under Section 276 of the Indian Succession Act, for grant of probate in respect of an unregistered will dated 30.06.2011 executed by late Shri Ganga Prasad Kapoor, a permanent resident of Delhi.

2. Learned counsel for the petitioners states that the present petition is uncontested. The three petitioners are the nephews of the deceased and executors of his will dated 30.06.2011. The testator was unmarried and his parents had predeceased him. The beneficiaries under the will are stated to be siblings and nephews (sons of the predeceased brothers) of late Shri Ganga Prasad Kapoor. A copy of the death certificate of the deceased has been exhibited as Ex.PW1/2. The death certificates marked as Ex.PW1/3, PW1/4, PW1/5 and PW1/6 are in respect of Shri Ram Prasad Kapoor, Shri

Shiv Prasad Kapoor, Mr. H.P. Kapoor and Mr. D.P. Kapoor, brothers of late Shri Ganga Prasad Kapoor, who had all predeceased him.

3. The will dated 30.06.2011 executed by late Shri Ganga Prasad Kapoor has been marked as Ex.PW1/1. The same was witnessed by three witnesses, namely, Dr. Madhup Kumar (PW-2), Smt. Kamlesh Munjal (PW-3) and Shri V.C. Kapoor. Dr.Madhup Kumar (PW-2) has identified the signatures of the deceased at points A1 to A3 and his own signatures at point B on the will (Ex.PW1/1). He has also identified the signatures of Smt. Kamlesh Munjal and Shri V.C. Kapoor, the other two witnesses at points C and D respectively on the said will. Similarly, Smt. Kamlesh Munjal (PW-3) has identified the signatures of the deceased and that of Dr. Madhup Kumar and Shri V.C. Kapoor at points A1 to A3, point B and point D respectively.

4. The details of the legal representatives/near relations, who are class II heirs of the deceased have been set out in Schedule A annexed to the petition. The detail of the immovable asset of the deceased, i.e., a flat situated at Mayur Vihar, Delhi, has been set out in Schedule B. The valuation report in respect of the said flat received from the Executive Magistrate, Mayur Vihar under cover of letter dated 29.01.2014, is placed at pages 55-56. The details of the movable assets of the deceased have been set out in Schedule C, which includes shares, demat accounts and three bank accounts maintained with Bank of India, Parliament Street Branch, Axis Bank, Mayur Vihar Phase-II, Axis Bank, GK-II and a fixed deposit maintained with Axis Bank, Chittaranjan Park, New Delhi jointly held by the petitioners No.1 and 2 and stated to be a part of the estate of the

deceased.

5. Apart from the affidavit by way of evidence filed by the petitioner No.1 as PW-1, during his examination-in-chief, the will of the deceased has been exhibited as Ex.PW1/1 and his original death certificate has been exhibited as Ex.PW1/2. Copies of the death certificates of the brothers of the deceased have been exhibited as Ex.PW1/3, PW1/4, PW1/5 and PW1/6. The petitioners had summoned officers from Axis Bank, Mayur Vihar, Phase-II, Oriental Bank of Commerce, Mayur Vihar, Phase-II and Bank of India, Parliament Street Branch, New Delhi as PW-4, PW-5 and PW-6. The said witnesses have handed over the statement of accounts of the deceased maintained with their respective Banks duly certified by the competent officers and marked as Ex.PW4/1 (colly), PW5/1 and PW6/1. The petitioners had also summoned an officer from Angel Broking Private Ltd. (PW-7), who had produced the statement of holdings of the shares of the deceased, for the period 1.4.2010 to 31.3.2014 collectively exhibited as Ex.PW7/1.

6. The records reveal that notices were issued to the respondents vide order dated 09.01.2013 and citations were published in The Indian Express. The notices were duly served on all the respondents as also the SDM, Mayur Vihar for valuation of the immovable property. Counsel for the petitioners submits that despite service none of the respondents have filed objections to the present petition. Further, affidavits giving their no objection have been filed by the respondents No.3(i), (ii), (iii) and (iv) and the respondents No.4, 5, 6, 7 and 8.

7. In view of the fact that the present petition is uncontested and the will of the deceased has been duly proved in accordance with law, there is no impediment in allowing the present petition.

8. Accordingly, the present petition is allowed. A probate is granted in respect of the will dated 30.06.2011 executed by late Shri Ganga Prasad Kapoor in favour of the petitioners subject to their furnishing the requisite court fee/stamp duty in terms of the valuation report and on their submitting an Administration Bond and surety, in accordance with law. The petition is disposed of.

9. The petitioners shall file an Administration Bond alongwith one surety of the like amount to the satisfaction of the Registrar General.

10. List before the Registrar for payment of requisite court fee in respect of the estate of the deceased and for acceptance of the Administration Bond and surety directed to be offered by the petitioners, on 26.09.2016.

HIMA KOHLI, J AUGUST 23, 2016 rkb/ap