Delhi High Court
Urmila Sharma & Ors. vs State & Ors. on 8 September, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 8th September, 2017
+ TEST. CAS. 53/2010
URMILA SHARMA & ORS. ..... Petitioners
Represented by: Mr. Joydeep Sarma,
Advocate
versus
STATE & ORS. .....Respondents
Represented by: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
1. By the present petition, the petitioners seek grant of probate/Letters of
Administration in favour of either of the petitioners on the basis of the last
and final Will of Late Shri Jagmohan Lal dated 3rd June, 2002 to administer
the property bearing no. I-F/161, Lajpat Nagar-I, New Delhi- 110024.
2. Briefly stated, the deceased, Shri Jagmohan Lal, died on 5 th July, 2007
and the death certificate issued by Government of NCT is placed on record
as Ex. PW-1/1. Upon his death, the deceased left the following class I heirs
namely Mrs. Urmila Sharma (petitioner no.1), Mr. Ravinder Kumar Sharma
(petitioner no.2), Mr. Suminder Kumar Sharma (petitioner no.3), Mrs. Raj
Sharma (respondent no.2) and Mrs. Kiran Singh (respondent no.3). Since
Mrs. Shashi Sharma, daughter of the deceased, predeceased Shri Jagmohan
Lal, she is represented through her husband Rajeshawar Sharma (respondent
no.4) and her two sons namely Rishi Kapil (respondent no.5) and Varun
Kapil (respondent no.6).
3. The deceased Shri Jagmohan Lal owned an immovable property
bearing no. I-F/161, Lajpat Nagar-I, New Delhi- 110024. On 3rd June, 2002,
he executed a Will bequeathing the immoveable property by granting life
interest in favour of petitioner no.1 and after her death to absolutely revert to
petitioner nos. 2 and 3. The Will was duly registered and attested by Mr.
V.K. Sharma and Mr. Vinod Bhatia.
4. An affidavit by way of evidence has been tendered by Mrs. Urmila
Sharma (petitioner no.1) vide Ex. PW-1/A. Affidavits by way of evidence
have also been filed by Mr. V.K. Sharma and Mr. Vinod Bhatia who
appeared as PW-2 and PW-3 respectively and their affidavits vide Ex.PW-
2/A and Ex.PW-3/A respectively wherein they stated that the deceased had
executed the Will (Ex.PW-1/2) in their presence and they identify the
signatures and fingerprints of the deceased. They have also signed the Will
as attesting witnesses.
5. Despite service no objections have been filed by respondent Nos. 2 to
6. Valuation report has been filed in respect of the property by the SDM.
6. In the facts and circumstances, there is no impediment in granting the
relief of letter of administration as claimed in the petition. The petitioners
being the beneficiaries under the Will (Ex. PW-1/2) which is proved to have
been executed validly by the testator Shri Jagmohan Lal, in absence of proof
to the contrary.
7. Accordingly, the petition is allowed. Letter of administration in Will
(Ex.PW-1/2) dated 3rd June, 2002 of late Shri Jagmohan Lal, is granted in
favour of the petitioner No.1 who shall have unrestricted right and authority
to use the immovable property left behind by late Shri Jagmohan Lal as
mentioned above, subject to the requisite court fees/stamp duty being
furnished in accordance with the valuation report and upon submission of
administration bond and surety, in accordance with law, to the satisfaction of
the Registrar General of this Court. After the death of petitioner No.1, the
immovable property shall go to the petitioner No.2 and 3 who shall divide
the property as per the Will dated 3rd July, 2002.
8. Petition is disposed of.
9. Matter be listed before the Registrar General for payment of requisite
court fees in respect of the above mentioned immovable property of the
deceased and for acceptance of the administration bond and surety bond on
25th September, 2017.
(MUKTA GUPTA)
JUDGE
SEPTEMBER 08, 2017
'ga/Anu'
