Delhi High Court
Harmala Singh Malik & Anr vs State & Ors on 17 July, 2017
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 14th July, 2017
Pronounced on: 17th July, 2017
+ TEST.CAS. 107/2014
HARMALA SINGH MALIK & ANR ..... Petitioners
Through : Ms.Shobhana Takiar, Adv.
versus
STATE & ORS ..... Respondents
Through : None
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
1. This is a petition under Section 276/278 of the Indian
Succession Act, 1925 for grant of probate of Will dated 6th April,
2013 of Late Ms.Harsimran Malik. It is alleged that
Smt.Harsimran Malik was Hindu governed by Mitakshara School
of Hindu Law and at the time of her death was domiciled in India.
She had her residence at C-103, Maharani Bagh, 2nd Floor, New
Delhi. She died on 23rd February, 2014. Before her death she
made her last Will and testament dated 6 th April, 2013 which was
got registered on 9th April, 2013.
2. She was unmarried and left behind her brother namely
Harmala Singh Malik and her nieces viz., the petitioner No.2; and
respondents No.2, 3 and 4.
3. All the above legal heirs are the beneficiary of the Will
dated 6th April, 2013 and have no objection to the grant of probate.
The deceased was an owner in occupation of the immoveable
property - C-103, Maharani Bagh, Second Floor, New Delhi.
4. The deceased was a resident of Delhi and was residing in a
property No.C-103, Maharani Bagh, Second Floor, New Delhi.
The petitioners have prayed that the probate be granted in the name
of the executor(s) of the Will dated 6th April, 2016 of the deceased
in respect of the above property.
5. The petitioner No.2 herein has examined herself as PW1 and
in her affidavit Ex.PW1/A had reiterated the contents of the
petition stating inter alia that the deceased was an owner in
occupation of the premises and that she died on 23 rd February,
2014. The death certificate of the deceased is proved as
Ex.PW1/1; her Will dated 6th April, 2013 is proved as Ex.PW1/2;
the declaration of Smt.Brinda Singh (Bhagat) an attesting witness
is proved as Ex.PW1/3; the consent affidavits of the other legal
heirs viz., respondent Nos.2, 3 and 4 have also been proved as
Ex.PW1/4, Ex.PW1/5 and Ex.PW1/6 respectively. PW1 also
proved the citation of this case in the 'Statesman' as Ex.PW1/7.
6. The petitioner also examined Smt.Brinda Singh (Bhagat)
attesting witness to the Will as PW2 and she proved her affidavit
as Ex.PW2/A wherein she deposed that she along with other
attesting witnesses was present at the time when the testator
affixed her left thumb impression on her last Will Ex.PW1/2 and
that she also put her signatures in the presence of the testator and
other attesting witness. She also deposed that the deceased was in
good health and of sound mind at the time of execution of her last
Will and Testament - Ex.PW1/2.
7. Since the legal heirs of the deceased had given their consent
in the form of affidavits Ex.PW1/4, Ex.PW1/5 and Ex.PW1/6 in
appointment of the petitioners to be the joint executors of the Will
so that the legacy may be distributed in the manner sketched in the
Will Ex.PW1/2 and also when the attesting witness PW2 had also
supported the execution of the Will, there is no impediment in
grant of probate to the petitioners in respect of Will dated 6th April,
2013 - Ex.PW1/2, executed by the deceased being her last Will
and testament in respect of property bearing No.C-103, Maharani
Bagh, Second Floor, New Delhi.
8. In the result the probate is issued in favour of the petitioners
in respect of Will dated 6th April, 2013 Ex.PW1/2 executed by Late
Ms.Harsimran Malik in respect of the said property. The
petitioners to furnish the administrative bond with two sureties to
the satisfaction of the Registrar General of this Court and court
fees in the registry.
9. No order as to costs.
YOGESH KHANNA, J
JULY 17, 2017
VLD
