Delhi High Court
Sarvesh Kumar vs State Of Delhi & Ors on 5 September, 2017
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 31st August, 2017
Pronounced on: 05th September, 2017
+ TEST.CAS. 53/2014
SARVESH KUMAR ..... Petitioner
Through : Mr.Prasouk Jain and Mr.Karan
Sinha, Advocates.
versus
STATE OF DELHI & ORS ..... Respondents
Through : Ms.Divya Garg and Mr.Rahul
Poonia, Advocates for respondent
Nos.2 to 8.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
1. This probate petition is filed by Sarvesh Kumar, the
beneficiary under the Will dated 02.02.1995. It pertains to
property No.459, KG-I, Vikas Puri, New Delhi.
2. The brief facts leading to filing of this petition are as
follows:
(a) Late Dharam Vir Gupta and his wife Late Smt.Satyawati
had two daughter namely Sashi Agarwal and Smt.Rajani
Jain and six sons namely Sarvesh Kumar, Vimal Kumar,
Sharad Kumar, Dilip Kumar, Manoj Kumar and Neeraj
Kumar;
(b) on 08.10.1997 Late Satyawati got executed a Conveyance
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Deed in her favour, of property bearing No.459, KG-I,
Vikas Puri, New Delhi. Unfortunately she expired on
29.01.2001 leaving behind her last Will and Testament
dated 02.02.1995;
(c) on 09.01.2002 the petitioner applied for mutation of
property wherein all his brothers and sisters submitted
certificates of no objection and hence mutation letter dated
23.01.2002 was issued in his favour.
3. The deceased was an ordinary permanent resident of
No.459, KG-I, Vikas Puri, New Delhi and petitioner being a class I
legatee is a permanent resident of J-23, SF, Vikas Puri, New Delhi.
4. The list of all the legal heirs of deceased Smt.Satyawati and
the detail of her property is disclosed in Schedules A and B,
annexed to this petition. One of the attesting witnesses namely
Dilip Kumar S/o Late Dharam Vir Gupta has also given an
affidavit filed along with the petition.
5. The petitioner had examined himself as PW1 and had
proved his affidavit as Ex.PW1/A and relied upon documents
Ex.PW1/1-Conveyance Deed dated 8.10.2997; Ex.PW1/2-the
death certificate of Smt. Satyawati; Ex.PW/3-original Will dated
2.2.1995; Ex.PW1/6-the Mutation Letter dated 23.01.2002 and
Ex.PW1/7-the copy of the passport of the petitioner. The
petitioner had also examined the attesting witnesses PW2 Dilip
Kumar who proved his affidavit as Ex.PW2/A and identified his
signatures on the will Ex.PW1/3. He deposed that he was one of
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the attesting witnesses to the Will and that Smt.Satyawati signed
her Will in his presence by free will. The remaining brothers and
sisters viz., R-2 to 8 did not lead any evidence and per order dated
22.08.2016 their evidence was closed. On 26.09.2016 the attesting
witness filed an additional affidavit Ex.PW2/A1 wherein he stated
that his mother signed the Will Ex.PW1/3 in his presence and in
the presence of another witness who all have signed in front of
each other.
6. Considering the facts above there is no dispute to the Will
Ex.PW1/3; the no objections having being filed by the respondents
No.2 to 8 and they did not lead any evidence against the Will
Ex.PW1/3, hence there is no impediment to the grant of letter of
administration with Will dated 02.02.1995 annexed in respect of
property bearing No. 459, KG-I, Vikas Puri, New Delhi of Late
Smt.Satyawati and hence the petition is allowed.
7. Registry to issue the letter of administration with Will dated
02.02.1995 annexed, per valuation report of concerned SDM and
on paying the requisite stamp duty etc. and also upon their
furnishing administration bond and surety bond.
8. In view of above, the petition stands disposed of.
YOGESH KHANNA, J
SEPTEMBER 05, 2017
VLD
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