Delhi High Court
Smt. Rama Bhatia & Anr. vs State on 11 April, 2017
$
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 30 th March, 2017
Pronounced on:11th April, 2017
+ TEST CASE 22/2016
SMT. RAMA BHATIA & ANR. ..... PETITIONERS
Through: Mr. Sanjiv Bahl, Mr.
Eklavya Bahl, Mr. Vinayak
Batta and Mr. Pawas
Aggarwal, Advocates
Versus
STATE .... RESPONDENT
Through: None
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
ORDER
1. This petition presented under Section 276 of the Indian
Succession Act, 1925 prays for grant of letters of administration
annexed with Will dated 10.11.2009 of late Sh. Ajay Bhatia, son of
Sh. Krishan Gopal Bhatia, particularly in relation to his estate in
the nature of half share in the property situate at 31/24, Second
Floor, West Patel Nagar, New Delhi.
2. The petitioners are Smt. Rama Bhatia and Master Vardan
Bhatia, wife and minor son respectively of late Sh. Ajay Bhatia, the
former having been appointed as guardian at litem (next friend) of
the latter, by order dated 21.12.2016, she being the mother and
natural guardian.
3. As per the averments in the petition, the deceased was owner
of half share in the above mentioned property of West Patel Nagar,
the remaining half share being owned by the first petitioner herein,
on the strength of sale deed (duly registered) executed on
25.08.2008 (Ex. PW1/1). Sh. Ajay Bhatia was son of Sh. Krishan
Gopal Bhatia (father) and Smt. Kanta Bhatia (mother), the latter
(mother) having pre-deceased him, she having passed away on
09.10.2016. Sh. Ajay Bhatia statedly died on 23.01.2014 and as
per the petition, he left behind the two petitioners as the only legal
heirs. It is the case of the petitioners that Sh. Ajay Bhatia had
executed his last Will and testament on 10.11.2009 (Ex. PW1/4),
the document indicating it to have been executed by the testator in
the presence of two witnesses namely Sh.Vinod Relia (PW-2) and
Sh. Balwant Singh Negi, both of whom apparently signed the said
document as attesting witnesses at the same time and in presence of
each other. As per the said Will, the testator Sh. Ajay Bhatia
bequeathed his share in the subject property in favour of the first
petitioner (his wife) passing on right, title and interest in her favour
to hold the same exclusively and absolutely.
4. Citations were published in terms of order dated 16.03.2016.
No objections have been filed pursuant to said publication. The
petitioners upon being called upon to adduce evidence in support
examined herself as PW-1 and then examined Sh.Vinod Relia
(PW-2), the attesting witnesses to the Will.
5. Having heard the learned counsel for the petitioners and
having gone through the evidence on record, this court is satisfied
that Sh. Ajay Bhatia, the husband of the first petitioner and the
father of the second petitioner died on 23.01.2014, this fact having
been taken note of by the Registrar of Births and Deaths as per
Death Certificate (Ex. PW1/2). His mother Smt. Kanta Bhatia had
earlier died on 09.10.2006, such event having been similarly noted
by the Registrar of Births and Deaths and confirmed by Death
Certificate (Ex. PW1/3).
6. The attesting witness PW-2 has proved the Will (Ex.PW1/4),
on the strength of his affidavit (Ex. PW2/A). A conjoint reading of
his evidence and also that of PW-1 on the basis of her affidavit (Ex.
PW1/A) clearly brings out that the mother of Sh. Ajay Bhatia
having pre-deceased him, the two petitioners, they being the wife
and minor son respectively are the only class-I legal heirs entitled
to the inheritance / bequest under Sh. Ajay Bhatia. The attesting
witness (PW-2) has further proved the execution of the Will by the
deceased Sh. Ajay Bhatia in sound state of physical and mental
health, in his presence and in the presence of the other attesting
witness Sh. Balwant Singh Negi, each of whom had signed on the
document in the presence of each other.
7. In the wake of directions of this court, the Executive
Magistrate, Patel Nagar, of the Government of NCT of Delhi has
undertaken the task of valuation of the subject property at West
Patel Nagar and has submitted the valuation report under the cover
of his letter dated 21.12.2016. Since the first petitioner is the
owner of the half share of the said property, the deceased being the
owner of the remainder, the total valuation of the subject property
having been assessed at Rs.35,24,976/-, the value of half share of
the property has been indicated in the said report of the Executive
Magistrate to be Rs.17,62,488/-.
8. In the above facts and circumstances, the petitioners have
brought home their case for grant of letters of administration
annexed with the Will dated 10.11.2009, the said document being
Ex. PW1/4.
9. Since the first petitioner is herself the beneficiary under the
Will, following the view taken consistently by the court, reference
being made to the order dated 07.08.2015 in Test Case 11/2011,
titled : Rita Narang and Anr. Vs. The State and Ors. as indeed
order dated 10.03.2017 on IA 2956/2017 in Test Case 81/2010,
Neeraj Chandra and Anr. Vs. State and Ors., the condition of filing
of sureties need not be imposed.
10. In above view, the letters of administration with Will dated
10.11.2009 (Ex. PW1/4) annexed therewith are granted in favour of
the petitioners, subject to the requisite court fees / stamp duty being
furnished in accord with the valuation report and upon furnishing
administrative bond / personal bond by the first petitioner, in
accordance with law, to the satisfaction of the Registrar General of
this court.
11. The petition stands disposed of in above terms.
12. The matter shall be listed before the Registrar General for
payment of requisite court fees in respect of the above mentioned
estate of the deceased and for acceptance of the bonds on
24.04.2017.
(R.K. GAUBA)
JUDGE
APRIL 11, 2017
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