Delhi High Court
Shivneet Pohoja & Anr vs The State (Nct Of Delhi) on 9 February, 2017
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 27/2012
SHIVNEET POHOJA & ANR ..... Petitioners
Through: Mr Rishi Manchanda, Advocate.
versus
THE STATE (NCT OF DELHI) ..... Respondent
Through
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 09.02.2017
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 02.05.2011 (hereafter "the Will") which is stated to be the last
Will and Testament of Smt. Anita Pohoja (hereafter referred to as "the
Testator") who expired on 20.05.2011. It is seen that no executor has been
appointed by the Testator in the Will dated 02.05.2011 and therefore, in
terms of Section 222 of the Act, probate as sought cannot be granted.
Accordingly, the present petition is treated as a petition under Section 278 of
the Act for grant of letters of administration.
2. Mr Shivneet Pohoja (hereafter referred to as "PW1") being the son of
the Testator, has filed an affidavit by way of evidence - on his behalf and on
behalf of his sister, Ms Shipali Pohoja - affirming the averments made in the
petition.
3. It is affirmed that Mr Shivneet Pohoja and Ms Shilpi Pohoja
(petitioner no. 1 and 2 herein) are legal heirs of the Testator. It is further
stated that Mr Shyam Sunder Pohoja - being father of the petitioners and
husband of the Testator - had expired on 09.10.1991. PW1 states that the
Testator had executed a Will dated 02.05.2011 whereby the self-acquired
properties of the Testator were bequeathed in favour of the petitioners.
4. PW1 states that the Testator had expired on 20.05.2011 leaving
behind the petitioners as her only legal heirs. PW1 has placed on record the
list of immovable and movable properties of the Testator, which have been
exhibited as ExhPW-1/7 and ExhPW-1/8 respectively. PW1 further states
that the petitioners are the only beneficiaries of the Will. PW 1 has further
stated that the Will was signed by the Testator in the presence of two
witnesses namely Mr Girish Mittal and Mr Suresh Kumar (hereafter referred
to as "the attesting witnesses") and further that she was in a sound state of
mind at the time of execution of the Will.
5. The attesting witnesses have also been examined on oath, as PW2 and
PW3. PW 2 and 3 identified the Will dated 02.05.2011 which has been
exhibited as ExhPW-1/6 and further deposed that the Testator, in their
presence, signed at point A on pages 1 and 2 and at point A and B at page 3
of the Will. PW 2 has identified the signatures of the Testator as well as of
PW3; similarly PW3 has also identified the signatures of the Testator as well
as of PW2. The attesting witnesses also stated that the Testator was in a
sound state of mind at the time of execution of the Will and had executed the
Will out of her own free will, without any force or coercion.
6. By an order dated 25.04.2012, the Chief Revenue Controlling
Authority Gurgaon and Greater Noida were directed to send the valuation
reports of the properties as mentioned in the Will dated 02.05.2011. The said
valuation reports have been received.
7. I have heard the learned counsel for the petitioners and have
examined the affidavit filed by PW1.
8. PW1 has duly proved the death of the Testator by filing the death
certificate of Testator as ExhPW-1/3. PW1 has also proved the execution of
the Will dated 02.05.2011 as ExhPW-1/6. In view of the above, it is also
apparent that there is no other legal heir of the Testator.
9. Although Citation was published in the newspaper "The Statesman"
on 28.09.2013, no objection against the present petition has been received.
Accordingly, there is no legal impediment in granting the Letters of
Administration in favour of the petitioners.
10. The petition is therefore, allowed.
11. Accordingly, it is directed that Letters of Administration with the
authenticated copy of the Will be issued in favour of the petitioners on
furnishing of the requisite court fee, subject to the satisfaction of the
Registrar General of this Court. Since the petitioners are the only
beneficiaries, the requirement of furnishing administrative bond and
undertaking of a surety are dispensed with.
12. The petition is disposed of.
VIBHU BAKHRU, J
FEBRUARY 09, 2017
RK
