Delhi High Court
Suneeta Kamat & Anr. vs State & Ors. on 3 May, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment Reserved: 01.05.2017
Date of Judgment:03.05.2017
+ TEST CAS 112/2014
SUNEETA KAMAT & ANR. ...... Petitioners
Through: Ms. Mukti Chaudhary, Adv.
versus
STATE & ORS. ....... Respondents
Through: Mr. Aman Dhyani, Adv. for R-2
to 4
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
INDERMEET KAUR, J.
1. Present petition has been filed under Section 276 of the Indian
Succession Act, 1925 for grant of probate. The Will which is sought to
be propounded is dated 25.09.2007 executed by deceased Smt. Geeta
Jaiswar.
2. The petitioners before this Court are Mrs. Suneeta Kamat and Mr.
Sanjay Singh. They are the children of Smt. Geeta Jaiswar and Dr.
Dilawar Singh. Smt. Geeta Jaiswar expired on 14.12.2010. Her death
certificate issued on 27.12.2010 is exhibited as Exh. PW3/1and is also
on record. She left behind the following legal heirs namely Shri Dilawar
Singh (Husband), Shri Sanjay Singh (son), Maj. Alok Singh (deceased)
through his LRs. (R 2 to 4), and Smt. Suneeta Kamat (daughter).
3. The Class 1 legal heirs of Smt. Geeta Jaiswar are the present
Petitioners Smt. Suneeta Kamat, Shri Sanjay Singh and legal heirs of
Deceased Maj. Alok Singh being Respondent No. 2 to 4.
4. In terms of the registered will by Smt. Geeta Jaiswar, she had
bequeathed the said property i.e. B-6/57, Safdarjung Enclave, New
Delhi to her husband late Dr. Dilawar Singh Jaiswar who only had a
right to stay in the said property and could not sell, transfer, convey the
said property. Late Dr. Dilawar Singh Jaiswar expired on 19.9.2012. His
death certificate dated 21.09.2012 is exhibited as Exh.PW3/2. The
property was to devolve in the following manner i.e. the ground floor of
the said suit property in favour of her son Maj Alok Singh and after his
death upon his legal heirs‟ i.e. respondent no. 2 to 4, first floor of the
said suit property in favour of her daughter Suneeta Kamat i.e. Petitioner
No.1 and second floor of the said suit property to devolve upon her son
Sanjay Singh i.e. Petitioner No.2. The will has been attested by Shri.
B.S. Jolly and Shri. Brij Bhan Singh as witnesses.
5. Shri Anil Chopra, the named executor in the will has permanently
shifted from Delhi to Panchkula and due to health reasons he had
renounced his executorship of this will (dated 25.09.2007) vide letter
dated 25.08.2014, the same is marked as Mark "A" in the affidavit by
way of evidence of Petitioner No.1.
6. Notice had been issued to the concerned SDM who has also filed
his valuation report qua the immoveable property pursuant to order
dated 23.03.2015; it is valued at around Rs. 4,48,46,264/-. The citation
of the Probate Petition was published on 21.01.2015.
7. The Petitioner No.1‟s affidavit by way of evidence proved the
death certificate of testator dated 27.12.2010 as PW3/1. She has further
proved the death certificate of husband of the testator as Exh.PW 3/2.
She has also proved the Special Power of Attorney dated 27.08.2014
executed in USA in her favour by Petitioner No.2 as Exh.PW3/3. The
letter of renunciation by the executor is marked as MARK-A.
The Respondents 2 to 4 gave no objection to the Probate Petition as
recorded vide order 10.02.2015. They have also filed their no objections
by way of reply/no objection on 20.02.2015. (Respondent no.2 had
given a no objection on her behalf and as mother and natural guardian of
Respondent no.4 herein. Respondent no.3 has filed separate affidavit in
support of no objection.)
8. The statement of the attesting witness to the will PW1 (B. S.
Jolly), recorded on 18.08.2015 and on 17.10.2016, PW2 Shri Brij Bhan
Singh‟s; the second attesting witness deposed on 18.08.2015 and on
20.04.2017.
The aforesaid witnesses have stated that their signatures on the will were
made in the presence of the testator and they had signed the same in the
presence of each other. They have deposed that the Will was executed
by Smt. Geeta Jaiswar in their presence, she had signed Ex.PW1/1 at
point A. PW1 has signed at point „B‟ and PW-2 has signed at point „C‟
in the presence of each other.
9. The petitioners have been able to prove their case. They are
entitled to the prayer as prayed for by them. The petitioners are
accordingly granted probate of the Will dated 25.09.2007 subject to their
furnishing the requisite Court fee in terms of the valuation report and on
their submitting an Administration bond with two sureties in accordance
with law.
10. Petition disposed of in the above terms.
INDERMEET KAUR, J
MAY 3, 2017
