Delhi High Court
Shri Sita Ram Kinra & Ors vs State on 27 February, 2017
IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27.02.2017
+ TEST.CAS. 82/2012
SHRI SITA RAM KINRA & ORS. ..... Petitioners
versus
STATE ..... Respondent
Advocates who appeared in this case:
For the Petitioners : Mr Arun Oberoi and Mr Hem Kumar
For the Respondent : None.
CORAM
HON'BLE MR JUSTICE VIBHU BAKHRU
JUDGMENT
VIBHU BAKHRU, J
1. The petitioners have filed the present petition under Section 276 of
the Indian Succession Act, 1925 (hereafter 'the Act') for grant of probate
of the Will dated 01/10/2010 (hereafter 'the Will') of Ms Neelam Gupta
(hereafter referred to as 'the Testator') who expired on 30/11/2010. It is
stated that the Will is the last Will and Testament of deceased, Ms Neelam
Gupta. Notice in the present petition was issued to the respondent on
05.11.2012 and citation was also ordered to be published in the newspaper
'The Times of India, Delhi Edition'.
2. Although all the petitioners have filed their respective affidavits
affirming the averments made in the petition, only the affidavit filed by
petitioner No. 1(PW1) is referred to for the sake of brevity as all the
affidavits are almost identical.
3. It is stated in the petition that Mr Abhishek Gupta and Mr Vivek
Kinra (petitioner No. 2 & 3 herein) are sons of the Testator and Mr Sita
Ram Kinra (petitioner No. 1) is the husband of the Testator. It is further
stated that the Testator was in a sound state of mind at the time of
execution of the Will and had executed the said Will out of her own free
will.
4. In terms of the Will, the Testator has bequeathed the following
immovable properties to the petitioners:-
"(a) Immovable property under construction by ABW
Infrastructure Ltd., measuring No.1500 sqft on NH-8, Unit
no.126, 127 & 128, Gurgaon, Village Kherki Daula, Sector
83, oppst. Givo Factory, Haryana.
(b) Immovable property measuring No.1304.7 sq ft. Unit
No.703-04, BPTP Park Centra, 7th Floor, Sector - 30,
Village Silokhera, Dist. Gurgaon, Haryana.
(c) Immovable property bearing Unit No. B-1/7,
Hehnemann Enclave, plot-40, Sector 6, Dwarka, New
Delhi-110077.
(d) Immovable property under construction by Golf Course
Sahakari Awas Samiti Ltd. Measuring 1450 sqft. bearing
Unit No. 2091, Shivkala, 9th floor, Block T-2, plot no. 7,
Greater Noida, Uttar Pradesh."
5. PW1 has stated that the Will was executed by the Testator in the
presence of two witnesses namely, Ms Geeta Varshneya and Mr Jagan Lal
Kinra (hereafter 'the attesting witnesses'). Both the abovementioned
witnesses have also filed affidavits dated 10.08.2016 stating that the
Testator signed the Will in their presence and had full knowledge and
understanding about the contents of the Will.
6. Attesting Witnesses have also been examined on oath, as PW3 and
PW4. They deposed that the Testator, in their presence, signed at point A
on pages 1, 2, 3 and 4 and at point A and B on page 5 of the Will. PW 3
identified the signatures of the Testator as well as of PW4; similarly PW4
also identified the signatures of the Testator as well as of PW3.
7. It is further stated that PW1 was appointed as an Executor of the
Will by the Testator.
8. After the publication of citation in the newspaper 'The Times of
India' on 24.12.2012, no one has contested the grant of probate to
petitioners.
9. PW 1 has produced the death certificate of the Testator as Ex.
PW1/1. PW1 has also duly proved the execution of the Will dated
01/10/2010 as Ex. PW1/3. PW1 and other petitioners have acquired the
Surviving Member Certificate from the Office of the Deputy
Commissioner (South West District), Delhi which has been exhibited as
Ex. PW1/4.
10. As per Section 222(1) of the Act, only an Executor named in the
Will can be granted the probate. In the present case, petitioner No. 1 has
been appointed as an Executor of the Will.
11. The Will remains unchallenged and is also supported by the attesting
witnesses, who have deposed that the Testator signed the Will in their
presence and out of free will.
12. In view of the above, it is evident that the petitioners have succeeded
in proving that the Testator had executed the Will dated 01.10.2010 and the
Will is the last Will and Testament of the Testator.
13. For the reasons as stated above, probate of the Will dated 01.10.2010
executed by the deceased, Ms Neelam Gupta is granted to the petitioner
No. 1, on furnishing an administrative bond with one surety and requisite
court fee, subject to the satisfaction of the Registrar General of this Court.
14. The petition is disposed of accordingly.
VIBHU BAKHRU, J
FEBRUARY 27, 2017
RK
