Delhi High Court
Parmod Sardana vs State & Ors on 13 September, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 13th September, 2017
+ TEST.CAS. 79/2010
PARMOD SARDANA ..... Petitioner
Represented by: Mr. V.K. Srivastava, Advocate
with petitioner in person.
versus
STATE & ORS ..... Respondents
Represented by: Respondent Nos. 2 and 4 in
person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
1. By the present petition, the petitioner seeks grant of probate of Will
dated 8th September, 1988 in relation to the estate of Late Smt. Dropdi Devi
Sardana in favour of the petitioner.
2. Since no executor has been appointed in the Will dated 8 th September,
1988 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/her of the
whole estate. Since the petitioner is a beneficiary under the Will, the present
petition is treated to be one under Section 278 of the Act.
3. Briefly stated, the deceased, Smt. Dropdi Devi Sardana, died on 5 th
June, 2009. Late Shri Roop Narain Sardana, husband of Smt. Dropdi Devi
Sardana predeceased her having passed away on 1st November, 1965.
4. The deceased is survived by her two sons being the petitioner and
respondent no.2 and two daughters being respondent no. 3 and 4 as the only
legal heirs.
5. During the lifetime of the deceased, Smt. Dropdi Devi Sardana, she
made her last Will dated 8th September, 1988 duly registered with the sub-
registrar (North), Kashmere Gate.
6. It is stated that by virtue of the Will, the deceased bequeathed her
property bearing no. A-82, New Friends Colony, New Delhi in favour of the
petitioner and respondent no.3 as per the plan attached to the Will.
7. An affidavit by way of evidence has been tendered by Rakesh
Upadhyay (PW-1) vide Ex. PW-1/A, Pradeep Goela (PW-2) vide Ex.PW-
2/A and the petitioner Pramod Sardana (PW-3) vide Ex. PW-3/A. Rakesh
Udadhyay and Pradeep Goela stated that they had signed the Will as
attesting witnesses and they had seen Smt. Dropdi Devi Sardana signing the
Will.
8. Copy of death certificate of Smt. Dropdi Devi Sardana is exhibited as
Ex. PW-3/1 and the Will as Ex. PW-1/1. Valuation report by
Tehsildar/Executive Magistrate (Defence Colony) is also placed on record.
9. Respondent Nos.2 and 4 were examined as R2W1 and R4W1 and
tendered their affidavits of evidence vide Ex. PW-R2W1/1 and Ex. PW-
R4W1/1 respectively. They relied upon the documents exhibited as Ex.
RW1/A and Ex. R2W1/B. Though respondent Nos.2 and 4 had raised
objections in the affidavits filed by them, however, they have filed fresh
affidavits whereby they have withdrawn their objections and state that they
have no objection to the prayer in the present petition being allowed.
Respondent No.2 and 4 have also appeared in person and affirmed the
averments in affidavits which has been recorded by a separate order of this
Court of even date and the order sheet has been signed by the respondent
Nos.2 and 4 in acknowledgement of their statement.
10. Relevant portions of the Will dated 8 th September, 1988 are
reproduced as under:
"That I own and possess the following:-
i) Owner/lessee of Single Storeyed Property bearing No. A-
82 built on land measuring 486 sq.yds., situated in the
layout plan of The New Friends Co-operative House
Building Society Ltd, presently known as NEW FRIENDS
COLONY, New Delhi, and bounded as under:-
North: Road 45' Wide. South: lane 15" Wide.
East: Plot No.83 West: Plot No. 81.
by virtue of perpetual Sub-lease deed regd. As No. 7897
in addl.book No. I, Vol.No. 3037 on pages 15 to 21 regd.
on 20.12.1972 in the office of the Sub-Registrar, New
Delhi.
ii) Shares of various companies.
ii) Cash, jewellry, bank balance, or any other movable
property.
***
That so long as I am alive, I shall remain the owner of all
my properties both movable and immovable and after my death
the same shall go and devolve on as under-
A. Front portion of the aforesaid property No. A-82, more
particularly shown in Red Colour in the plan annexed
hereto alongwith the undivided half share of perpetual
Sub-lease hold rights of the land underneath in favour of
my daughter Smt. Urmila Thusoo, who shall become the
owner Co-sub-lessee of the same and shall have full right
to hold, use, enjoy and transfer the same.
B. Rear portion shown in Green Colour in the plan annexed
hereto alongwith the proportionate area of perpetual
lease hold rights of the land underneath in favour of my
son Shri Pramod Sardana; who shall become owner Co-
sub-lessee of the same and shall have full right to hold,
use, enjoy and transfer the same.
C. The portion shown in Yellow colour shall remain
common between my son Shri Pramod Sardana and my
Daughter Smt. Urmila Thusso;
D. All my movable property aforesaid except share and
other property belonging to me at the time of my death
shall go and devolve on my daughter Smt. Nirmala
Arora, who shall be the sole owner of the same and shall
have full right to hold, use, enjoy and transfer the same.
E. Shares of Various companies in favour of my son Shri
Pramod Sardana and my other heirs and successors shall
have no rights, title, interests in the above mentioned
properties."
11. In view of facts noted above, there is no impediment in granting the
relief in the petition, the petitioner and respondent no. 3, being the
beneficiaries under the Will (Ex. PW-1/1) which is proved to have been
executed validly by the testator Smt. Dropdi Devi Sardana, in absence of
proof to the contrary.
12. Accordingly, the petition is disposed of granting letter of
administration with respect to Will (Ex. PW-1/1) dated 8th September, 1988
of Smt. Dropdi Devi Sardana in favour of the petitioner and respondent no. 3
in respect of the immovable and movable properties left behind by the
deceased 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.
13. Petition is disposed of.
14. Matter be listed before the Registrar General for payment of requisite
court fees and for acceptance of the administration bond and surety bond on
16th October, 2017.
(MUKTA GUPTA)
JUDGE
SEPTEMBER 13, 2017
'ga/Anu'
