Delhi High Court
Sanjay Kumar Bhatia vs State on 3 October, 2016
$~31.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 89/2013
% Judgment dated 3 rd October, 2016
SANJAY KUMAR BHATIA ..... Petitioner
Through : Ms.Jyoti Kataria, Adv.
versus
STATE ..... Respondent
Through
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
1. This is a petition under Section 276 of the Indian Succession Act for
grant of probate of the last Will dated 15.5.2006 of late Smt.Pushpa
Rani, mother of the petitioner herein. It may be noticed that there is no
Executor to the Will dated 15.5.2016.
2. Notice was issued to the State to file valuation report. Citation was
also published in the daily, 'The Statesman', English Edition, and
'Dainik Jagran', Hindi Edition. Valuation report has been received
and copy of the citation has also been placed on record. None has filed
the objections to contest this matter.
3. As per the petition, late Smt.Pushpa Rani died on 10.4.2007 at Delhi
and her husband, late Sh.Lachman Dass Bhatia, predeceased her on
26.6.2005. The deceased has left behind the petitioner as her only legal
heir.
4. The petitioner has filed his affidavit by way of evidence, which is
marked as Exhibit PW-1/A. As per PW-1/A, the petitioner is the only
legal heir of late Smt.Pushpa Rani, who died on 10.4.2007 at Delhi. A
copy of Death Certificate of late Smt.Pushpa Rani has been exhibited
as Exhibit PW-1/1. The petitioner has also placed on record, a certified
Surviving Member Certificate issued by Sub-Divisional Magistrate
(West) to show that he is the only legal heir of the deceased. The
Surviving Member Certificate is marked as Exhibit PW-1/3.
5. As per PW-1, the testator had left behind a property measuring 100 sq.
yards, bearing Khasra nos.602, 638 and 643 in the vicinity of Village
Basain Darapur, Abadi Sudershan Park Extension, Delhi, now known
as property bearing Municipal no.C-706, Sudershan Park, Delhi, which
was registered in the name of late Sh.Lachman Das Bhatia, father of the
petitioner, who executed the Will dated 10.6.2005 in favour of his wife,
late Smt.Pushpa Rani, who in turn executed a Registered Will dated
15.5.2006 in favour of the petitioner herein, being Exhibit PW-1/4.
The testator has also left behind a plot bearing 108, situated in Sector
51, Gurgaon, measuring 171 sq. mts.
6. The petitioner has also placed on record affidavit of Sh.K.N. Bhatia and
Sh.S.L. Bhatia, attesting witnesses to the Will of late Smt.Pushpa Devi.
Affidavit of Sh.K.N. Bhatia has been marked as PW-3/A and affidavit
of Sh.S.L. Bhatia has been marked as PW-2/A. Both the attesting
witnesses have testified that they were related to late Smt.Pushpa Rani,
who was residing within the legal jurisdiction of this Court. Sh.K.N.
Bhatia has testified that late Smt.Pushpa Rani had executed her last
Will dated 15.5.2016 in his presence as well as in the presence of
Sh.S.L. Bhatia, another attesting witness. Similarly, Sh.S.L. Bhatia has
testified that late Smt.Pushpa Rani had executed her last Will dated
15.5.2016 in his presence and in the presence of Sh.K.N. Bhatia. The
Will dated 15.5.2016 has been exhibited as Exhibit PW-1/4.
7. I have heard learned counsel for the petitioner and carefully examined
the evidence of the petitioner. Having regard to the evidence on record
and taking into consideration that no objections have been filed, I am of
the view that there is no legal impediment for grant of letter of
administration. Accordingly, present petition is allowed. Letter of
Administration shall be granted in favour of the petitioner. Petitioner is
directed to furnish necessary court fee. Since the petitioner is the only
surviving member, the filing of administrative/surety bond is dispensed
with.
8. Petition stands disposed of in above terms.
G.S.SISTANI, J
OCTOBER 03, 2016
msr
