Delhi High Court
Shalini Chadha & Ors vs State & Ors on 24 July, 2017
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 19th July, 2017
Pronounced on: 24th July, 2017
+ TEST.CAS. 72/2014
SHALINI CHADHA & ORS ..... Petitioners
Through : Mr.Gurjit Singh, Advocate.
versus
STATE & ORS ..... Respondents
Through : Ms.Swati Singh Malik and
Mr.Himanshu Latwal, Advocates.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
1. This is a petition under Section 278 of the Indian Succession
Act, 1925 for grant of probate/letter of administration in respect of
the last Will and testament dated 20.12.2012 executed by late
Sh.Deepak Chadha.
2. The petitioner No.1 Smt.Shalini Chadha is the wife of the
deceased and whereas the petitioner No.2 is the business partner of
the deceased. The deceased Deepak Chadha s/o late Sh.Kailash
Chand Chadha, resident of 10/1, Punjabi Bagh Extension, New
Delhi 110026 expired on 02.02.2013 at Medanta - The Medicity
Hospital, Gurugram, Harayana. He was a Hindu and at the time of
his death he left behind - petitioner No.1 - his wife; Mr.Shivank
Chadha - his son; and Ms.Khushi Chadha - his daughter. The
properties which he bequeathed by his Will dated 20.12.2012 are
enumerated in paras No. 5 & 6 of the petition.
3. The petitioners claim the Will dated 20.12.2012 of the
deceased is his last Will and is made of his free will, desire and in
sound disposing mind. One of the attesting witness namely
Mr.Ravinder Bhasin s/o Shri Shiv Narain Bhasin, r/o 22/12,
Punjabi Bagh Extension, New Delhi has also given a declaration,
annexed to this petition. The legal heirs of the deceased have also
given their no objections to the grant of probate/Letter of
Administration. Since Ms.Khushi Chadha - daughter of the
deceased was a minor at the time of filing of this petition, she has
also filed her affidavit - cum - no objection dated 24.05.2017 after
she had attained the age of majority".
4. The citation was published in newspaper 'Statesman' on
08.08.2014.
5. The petitioner No.1 has examined herself as PW1 and
proved her evidentiary affidavit Ex.PW1/A in support of her
petition. She also proved the death certificate of her husband
deceased Deepak Chadha as Ex.PW1/1; his original Will dated
20.12.2012 as Ex.PW1/2; her Aadhaar Card as Ex.PW1/3; copy of
the surviving members' certificate as Ex.PW1/4; the death
certificates of the parents of deceased Deepak Chadha as Ex.PW1/5
and Ex.PW1/6.
6. The petitioner No.2 has examined himself as PW2 and
proved his evidentiary affidavit as Ex.PW2/A; the Will dated
20.12.2012 as Ex.PW1/2; and his Voter Identity Card as
Ex.PW2/1.
7. PW-3 Mr.Ravinder Bhasin - the attesting witness to the Will
dated 20.12.2012 has proved his evidentiary affidavit Ex.PW3/A
wherein he deposed that he saw the testator affixing his signatures
on the Will Ex.PW1/2 and that he signed it as an attesting witness
in the presence of testator and another witness Smt.Anita Bhayana.
8. Since, the legal heirs of the deceased had given their consent
in the form of no objections and since petitioners No.1 & 2 have
proved the Will Ex.PW1/2 and as there is no other surviving legal
heirs of the deceased except those mentioned in the surviving
members' certificate Ex.PW1/3; there is no impediment in grant of
letter of administration with Will Ex.PW1/2 dated 20.12.2012
annexed, executed by the deceased being his last Will and
Testament qua properties enumerated in para Nos.5 & 6 of this
petition.
9. In the result, the Letter of Administration is issued in favour
of the petitioners with Will dated 20.12.2012 (Ex.PW1/2) annexed,
executed by late Deepak Chadha in respect of the properties
mentioned therein. The petitioners to furnish the administrative
bond with two sureties to the satisfaction of the Registrar General
of this Court and submit the court fees in the registry.
10. No order as to costs.
YOGESH KHANNA, J
JULY 24, 2017
M
