Delhi High Court
Sh Prabhat Verma vs State & Ors on 23 May, 2017
13
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 87/2015
SH PRABHAT VERMA ..... Petitioner
Through: Mr. Bankey Bihari, Advocate.
versus
STATE & ORS ..... Respondents
Through: Ms. Shilpa Dewan, Advocate for
Ms. Prabhasahay Kaur Advocate for
respondent No.1.
% Date of Decision: 23rd May, 2017
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J (Oral):
1. Present petition has been filed under Section 276 of the Indian
Succession Act for grant of probate of the will dated 02nd August, 2014 of
late Mrs. Malti Verma, wife of Mr. S.V.S. Verma.
2. It has been averred in the petition that petitioner is the eldest son of
the deceased Mrs. Malti Verma, who expired on 20 th December, 2014. The
deceased is stated to have executed a Will dated 02nd August, 2014, which
was duly witnessed by Mr. V.P. Verma and Mr. A.K. Ruhilla. The English
translation of the Will dated 02nd August, 2014 is reproduced hereinbelow:-
"I, Malti Verma W/o Sh. S.V.S. Verma, in sound disposition of
mind and without any pressure, express my WILL on t his
Date: 02-08-14, Day:- Saturday, that I am the owner of Flat
No.2306, which is situated in D-2, Vasant Kunj, New Delhi
and by virtue of being its owner, I express my desire that after
my death, the Flat No.2306 will be bequeathed in favour of my
elder son, Prabhat Verma. After my death my elder son,
Prabhat will alone be the owner of this flat.
Apart from this flat, from whatever remains i.e. my
Jewellery such as eight golden bangles, ear rings, Bundas,
Necklace, Mangalsutra and ring etc., only four golden bangles
will be given to Smt. Suman, the wife of my elder son, Prabhat
Verma. Whatever ornaments remain after giving to Smt.
Suman, will be given to the daughter Parinita Rana. Apart
from that, my husband Sh. S.V.S. Verma will have right over
whatever articles remains in my Almirah.
Sd/-
Malti Verma
Witnesses:-
1. Sd/- V.P. Verma, 2.8.2014
83/4-A, East Azad Nagar,
Delhi-110051
2. A.K. Ruhilla, 2/8/14
(Anil Kumar Ruhilla)
S/o Sh. R.S. Ruhilla
R/o H.No.108, New Colony
Kapashera New Delhi-110037"
3. Notice was issued on the present petition on 27th August, 2015.
Citation was also directed to be published in the English edition of the daily
newspaper 'Times of India' and Hindi edition of daily newspaper
'NavBharat Times'. No objections have been received to the Will after
publication of the citation.
4. Notices were duly served on the State and the other respondents. In
fact, respondents No.2 to 5 have filed no objection affidavits.
5. As regards the petitioner, he has adduced evidence by filing his own
affidavit. The affidavit tendered by him in evidence is marked as Ex.P1. It
has been stated by the petitioner in his affidavit that the Testator expired on
20th December, 2014 at New Delhi leaving behind her last Will and
testament dated 02nd August, 2014. The petitioner has proved the Death
Certificate of the Testator as Ex.P2.
6. The two attesting witnesses to the Will dated 02 nd August, 2014 have
filed their affidavits. Since both the affidavits are couched in identical
language, one of the said affidavits is reproduced hereinbelow:-
"I, V.P. Verma, aged about 65 years, s/o Late sh. Munshiram
R/o 83/4-A, East Azad Nagar, Delhi-110051 do, hereby,
solemnly afirm and declared as under:
1. That I knew and had been well acquainted with the
deceased Smt. Malti Verma.
2. That am one of the attesting witnesses to the will dated
02.08.2014 testated by Smt. Mali Verma (since deceased)
and I was present together with Sh. A.K. Ruhilla and saw
the testator affix her signatures thereto and she
acknowledged the said writing to be her last will and
testament in my presence.
3. That at the time above named deceased, so subscribed her
signature to the said will as aforesaid, was of sound and
disposing mind, memory and understanding and to the best
of my belief she made and published the same of her free
will and pleasure."
7. In view of the above, this Court is satisfied that the petitioner has
succeeded in proving that the deceased had executed the Will dated 02 nd
August, 2014 and the said Will was her last Will and testament.
8. Consequently, the present petition is allowed. The letters of
administration with a copy of the Will dated 02nd August, 2014 annexed
thereto is granted in favour of the petitioner, subject to his furnishing the
requisite Court fee in terms of the valuation report and submitting an
administrative bond with one surety in accordance with law.
MANMOHAN, J
MAY 23, 2017
js
