Delhi High Court
Shri Ramesh Vasudeva vs State & Ors on 17 October, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 17th October, 2017
+ TEST.CAS. 60/2016
SHRI RAMESH VASUDEVA ..... Petitioner
Represented by: Mr. Rohan Yadav, Adv.
versus
STATE & ORS ..... Respondent
Represented by: Mr. Gursharan Singh, Adv. for
R-1.
Mr. Varun Mehlawat, Adv. for
R-2 to 9.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
1. By the present petition filed under Section 276 of Indian Succession
Act, 1925, the petitioner seeks grant of probate in his favour in respect of the
last Will of Late Ms. Kamal Vasudeva executed on 25th January, 1997.
2. Since no executor has been appointed in the Will dated 25 th January,
1997 by the testator, probate cannot be granted by virtue of Section 222 of
Indian Succession Act. However, Section 232 of the Act provides that where
the deceased has made a Will but has not appointed an executor, a universal
or a residuary legatee may be admitted to prove the Will, and letters of
administration with the Will annexed may be granted to him of the whole
estate. Since the petitioner is a beneficiary under the Will, the present
petition is treated under Section 278 of the Indian Succession Act.
3. Briefly stated, Late Ms. Kamal Vasudeva passed away on 25 th May,
2015. Late Ms. Kamal Vasudeva was unmarried during her lifetime and her
mother and father had predeceased her. Respondent nos. 2 to 9 are her only
class II legal heirs, respondent nos. 2 to 4 being her brothers and respondent
nos. 5 to 9 her nephews and nieces being the children of her predeceased
brothers and sister.
4. It is claimed in the petition that late Ms. Kamal Vasudeva, during her
lifetime, in her good health and sound mind, out of her free will and volition
and without any force, coercion or undue influence, had executed a Will
dated 25th January, 1997 bequeathing her entire estate in favour of the
petitioner including all her movable and immovable assets.
5. Details of the property of Late Ms. Kamal Vasudeva is as under:
Property no. 511, Mercantile House, Kasturba Gandhi Marg,
New Delhi.
6. Summons were issued vide order dated 16th September, 2016. No
objection affidavits were filed on behalf of respondent nos. 2 to 9. Valuation
report with respect to the subject property has been filed by the concerned
SDM.
7. The petitioner led evidence by way of affidavits. Ramesh Vasudeva
(PW-1) tendered his affidavit vide Ex. PW-1/A and Sh. R. K. Dhawan (PW-
2) vide Ex. PW-2/A.
8. The original death certificate of Late Ms. Kamal Vasudeva was
proved as Ex. PW-1/1, original Will dated 25th January, 1997 as Ex. PW-1/2
and the title documents in respect of the subject property as Ex. PW-1/3
(colly).
9. Sh. R. K. Dhawan (PW-2) stated that Late Ms. Kamal Vasudeva
signed the Will dated 25th January, 1997 in his presence and in the presence
of other attesting witness namely Ms. Jayshree Singh.
10. In view of the testimony of PW-1 and PW-2 and the documents
placed on record, this Court is satisfied that the petitioner has proved the
Will dated 25th January, 1997 duly executed by the deceased and that the
said Will was her last Will and testament.
11. Accordingly, Letter of administration with respect to Will (Ex. PW-
1/2) dated 25th January, 1997 of Late Ms. Kamal Vasudeva, is granted in
favour of the petitioner in respect of the property left behind by her as
mentioned above, subject to the requisite court fees/stamp duty being
furnished in accordance with the valuation report to the satisfaction of the
Registrar General of this Court.
12. In view of the fact the petitioner is the sole beneficiary of the estate of
the deceased, it is deemed appropriate to dispense with the requirement of
the petitioner furnishing an administration/surety bond.
13. Petition is disposed of.
14. Matter be listed before the Registrar General for payment of requisite
court fees in respect of the above mentioned property of the deceased on 13th
November, 2017.
(MUKTA GUPTA)
JUDGE
OCTOBER 17, 2017
'ga/Anu'
