Aabhas vs State (Nct Of Delhi)
2016 Latest Caselaw 7246 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                                    Decided on: 05.12.2016
+       TEST.CAS. 77/2015
        AABHAS                                             ..... Petitioner
                           Through:    Mr.Sunil Mund and Mr. Manoj
                                       Kumar,        Advocates         alongwith
                                       petitioner in person.

                           Versus


        STATE (NCT OF DELHI)                              ..... Respondent
                      Through:         Mr.Vinod Kr.Goyal, Mr.Abhinav
                                       Singh and Mr.Prashant Tomar,
                                       Advocates
        CORAM:
        HON'BLE MS. JUSTICE DEEPA SHARMA

                                JUDGMENT

1. The petitioner has filed the present petition under Section 276 of the

Indian Succession Act, 1925 for grant of Probate of Will dated 02.11.2009

of late Shri Rameshwar Dayal Sharma, S/o Pandit Ram Singh in respect of

property bearing No.86, Unique Apartments, Plot No.2, Section 13, Rohini.

It is submitted that Shri Rameshwar Dayal Sharma was a permanent resident

of this property and his wife pre-deceased him on 18.01.1983. Shri

Rameshwar Dayal Sharma during his life time executed a Will dated

02.11.2009 of his own free will and without any coercion and undue

Test Cas.77/2015 Page 1 influence and that he was in his sound and disposing mind and health at the

time of execution of the said Will. The said Will was duly attested by the

witnesses. It is submitted that the petitioner is the sole surviving executor of

the said Will. The surviving member certificate issued by the Executive

Magistrate, Alipur, Delhi is also attached along with the plaint. The copy of

ration card is also tagged along with the plaint, including the true copy of the

election identity card of the petitioner showing details. The list of assets and

properties of late Shri Rameshwar Dayal Sharma as per Will are also

enclosed. It is also submitted that the entire property has been bequeathed by

his late father to him and that he is not survived by any legal heirs of Class-I,

except that of petitioner.

2. The notice was issued to the State and accordingly the citation was

also published on 16.10.2015 in the newspapers "The Statesman and

Navbharat Times". No public person filed any objection against the grant of

Probate pursuant to publication of the citation in the above two newspapers.

The petitioner has led his evidences and has examined two witnesses. PW-2

Ashok Khanna is the attesting witness of the Will (Ex.PW-1/2). He has

identified his signatures on the Will (Ex.PW-1/2) at Point „A‟ and that of Dr.

Rameshwar Dayal Sharma at Points „B1‟ and „B2‟ on each page of the Will

Test Cas.77/2015 Page 2 (Ex.PW-1/2) and of other attesting witness Mr Virender Kaushik at Point

„C‟ on the Will (Ex.PW-1/2). He has also deposed that Dr. Rameshwar

Dayal Sharma has signed the Will (Ex.PW-1/2) in his presence and in the

presence of Mr.Virender Kaushik who had also singed the Will (Ex.PW-1/2)

at point „C‟ in his presence. He has also deposed that he had also signed the

Will (Ex.PW-1/2) in the presence of Dr. Rameshwar Dayal Sharma as well

as Mr Virender Kaushik.

3. The petitioner has also produced on record the original Will and

submitted that he is the sole executor of the said Will and has proved on

record the surviving member certificate issued by the Executive Magistrate,

Alipur. He has also deposed that his father Dr. Rameshwar Dayal Sharma

had died on 13.02.2014 and that his mother pre-deceased. He has also

proved on record the copy of the ration card showing the name of the

petitioner in the family member column. He has reiterated all the averments

made in the petition.

4. Both the witnesses have corroborated the versions to the effect that

Will was executed by Dr. Rameshwar Dayal Sharma. From the testimony of

Ashok Khanna, PW-2, it stands proved that the Will was executed by Dr.

Rameshwar Dayal Sharma and he signed each and every page of the said

Test Cas.77/2015 Page 3 Will in the presence of the attesting witnesses Ashok Khanna, PW-2 and

Virender Kaushik. Ashok Khanna, PW-2 has also proved that he and

Virender Kaushik also singed the said Will as the attesting witnesses in the

presence of each other and in the presence of Testator, i.e., Dr. Rameshwar

Dayal Sharma.

5. I have heard the arguments of learned counsel for the petitioner.

6. From the above evidences and the other materials on record, I am

satisfied that the Will has been proved as per law. It was executed by

deceased Dr. Rameshwar Dayal Sharma in the presence of attesting

witnesses Ashok Khanna and Virender Kaushik. Despite the publication of

the citation in the two newspapers, no legal heirs of the deceased have come

forward to challenge the Will. I find no impediment in granting the Probate

to the petitioner in respect of the Will of the Testator. The Valuation Report

has been submitted by the Assistant Collector, Alipur and the property is

valued at Rs.31,63,463/-

7. In the light of the above discussion, Probate of the Will dated

02.11.2009 is granted to the petitioner in respect of the property bearing

No.86, Unique Apartment, Plot No.2, Section 13, Rohini, subject to his

paying requisite Court Fee and furnishing administrative bond with one

Test Cas.77/2015 Page 4 surety to the satisfaction of the Registrar General of this Court within three

months from this order.

8. The petition stands disposed of.

                                                         DEEPA SHARMA
                                                            (JUDGE)



DECEMBER 05, 2016
BG




Test Cas.77/2015                                                         Page 5