Delhi High Court
Pradeep Kumar Vohra vs State & Ors. on 20 November, 2017
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 85/2016
PRADEEP KUMAR VOHRA ..... Petitioner
Through Mr. Anuj Kumar Pandey,
Advocate for Petitioner and
Respondent nos. 2 to 7.
Versus
STATE & ORS. ..... Respondents
Through None
% Date of Decision : 20th November, 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 Will dated 23rd December, 1994
of deceased Smt. Kanta Vohra, wife of late Sh. Sohan Lal Vohra.
2. In the petition it has been averred that the petitioner is the son of
late Smt. Kanta Vohra, who expired on 22nd February, 2001 in New
Delhi. The deceased is stated to have executed a registered Will dated
23rd December, 1994, which was duly attested by Mr. Manohar Lal
Arora and Mr. P.K. Singh, Advocate. The Will dated 23rd December,
1994 executed by the deceased is reproduced hereinbelow:
"W I L L
THIS IS THE FIRST AND LAST WILL AND
TESTAMENT OF Smt. Kanta Vohra wife of Late Shri
Sohan Lal Vohra resident of A-192, Derawal Nagar,
Delhi, made at Delhi, on this 23rd day of December, 1994.
Life is uncertain and evanescent nobody knows
when one's end may come, I, therefore, make this will in
my perfect state of health and sound disposing mind
without the pressure or persuation of anybody.
THAT WHEREAS I am the absolute owner of a 21/2
storey building bearing No.A-192, area measuring 177.33
Sqare Yards situated in the layout plan of Dera Ismail
Khan Co-operative Housing Society presently known as
Derawal Nagar, Delhi vide Conveyance Deed registered
as Document No.9871 in Additional Book No.I, Volume
No.6669 on pages 55 to 57 dated 12.12.1994 with the
office of the Sub-Registrar, Sub-District No.I, Delhi.
I have the following legal heirs:-
1. Pardeep Kumar Vohra ........ Son
2. Yogesh Kumar Vohra ....... Son
3. Mrs. Kusum Amar W/o
Shri Rajinder Kumar ....... Daughter
4. Mrs. Sushma Malhotra W/o
Sh. Krishan Lal Malhotra ...... Daughter
5. Mrs. Anita Arora W/o.
Shri M.L. Arora ....... Daughter
6. Mrs. Sangeeta Sheel W/o.
Shri Raman Kumar Sheel ....... Daughter
7. Mrs. Madhu Joul W/o
Shri Nishan Singh Joul ...... Daughter
That all my daughters are happily married and I
had sufficiently provided for them at the time of their
marriages. Similarly, both of my sons are happily
married and settled and I had provided sufficiently at the
time of their marriages.
That in my old age, my son, Shri Pardeep Kumar
Vohra son of Shri Sohan Lal Vohra has served and looked
after me very well. I am quite happy from his services.
So long as I am alive I shall remain the absolute
owner of the said property and after my death I hereby
bequeath that the said entire property bearing No.A-192,
area measuring 177.33 Square Yards situated in the
layout plan of Dera Ismail Khan Co-operative Housing
Society presently known as Derawal Nagar, Delhi, shall
go and devolved upon my son Shri Pardeep Kumar Vohra
exclusively.
My other sons and daughters or any other legal
heir shall have no claim, right, title or interest in the
abovesaid property and the same shall vests upon Shri
Pardeep Kumar Vohra.
Nobody should challenge this Will and if anybody
does so the same should be treated as Null, Void,
Ineffective and Inoperative. This will embodying my last
wishes should be given effect strictly in terms laid down
herein.
IN WITNESS WHEREOF this Will is made at
Delhi, on the day of the month and year first above
written, in presence of the following witnesses:-
WITNESSES:-
1. Sd/-
(MANOHAR LAL ARORA)
S/O Shri Madan Lal Arora Sd/-
R/o. 17-A/32, East Punjabi
TESTATRIX"
Bagh, New Delhi.
3. Notice in the present petition was issued on 21 st October, 2016.
Citation was also directed to be issued, which came to be published in
the English edition of the daily newspaper "The Statesman" and Hindi
edition of daily newspaper "Jansatta". The valuation report has also
been filed by the State.
4. The respondents, being respondent No.2 (younger son of the
testatrix), respondent No.3's son (since daughter of the testatrix has
also expired on 11th May, 2003) and respondent No.4 to 7 (daughters
of testatrix) have all filed their No-Objection supported by an
affidavit. No objections have been received to the Will after
publication of the citation.
5. Mr. Pradeep Kumar Vohra, son of the testatrix has filed an
affidavit by way of evidence dated 09th October, 2017 and the said
affidavit has been marked as Ex.PW1/X. It has been stated by the
petitioner in his affidavit that the petitioner has been made the sole
executor in the Will and that the Testatrix was in a sound state of mind
and good health at the time of signing the Will which was duly
executed by her in the presence of the witnesses. It is further stated
that the Testatrix expired on 22nd February, 2001 at New Delhi leaving
behind her last will and testament dated 23rd December, 1994. The
petitioner has proved the Death Certificate of the Testatrix as
Ex.PW1/3 and of respondent No.3 as Ex.PW1/6.
6. Mr. Manohar Lal Arora, second attesting witness has filed his
affidavit dated 01st November, 2017 and exhibited as Ex.PW2/X. In
the said affidavit, he has deposed as under:-
"ii. I say that the aforesaid Will was executed by Late
Smt. Kanta Vohra in my presence and in the
presence of one more Witness i.e. Adv. Sh. P.K.
Singh and at that time the deceased late Smt. Kanta
Vohra was having full knowledge and
understanding of the contents of the Will.
iii. I say that the deceased Smt. Kanta Vohra read and
understood the contents of her said Will in
vernacular and admitted before me the correctness
of the contents of the said Will.
iv. I say that the said Will bears my Signature as a
Witness at point "A" and the same may be
Exhibited as Exb.PW2/1.
v. I say that the testator Late Smt. Kanta Vohra was
in full sense and in good physical health at the time
of executing the Will dated 23/12/1994."
7. In view of the above, the Court is satisfied that the petitioner
has succeeded in proving that the deceased Smt. Kanta Vohra had
executed the Will dated 23rd December, 1994 and the said Will was
her last will and testament. Consequently, the present petition is
allowed. The probate in respect of the Will dated 23 rd December, 1994
of deceased Smt. Kanta Vohra annexed thereto is granted in favour of
the petitioner, subject to his furnishing the requisite Court fee in terms
of the latest valuation reports and submitting an administrative bond
with one surety in accordance with law.
MANMOHAN, J
NOVEMBER 20, 2017
js
