Mrs. Shanti Rani Kohli Dugal vs The State& Ors.
2017 Latest Caselaw 5437 Del

$~15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      TEST.CAS. 99/2015

       MRS. SHANTI RANI KOHLI DUGAL            ..... Petitioner
                     Through  Mr. Prashant Parihar, Advocate

                          versus

       THE STATE& ORS.                 ..... Respondents
                    Through            Mr. Vikas Mehta, Advocate for R-2
                                       to 4.

%                                    Date of Decision : 26th September, 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, 1925 for grant of probate of Will dated 27th March, 2009 by the Executor appointed by the Testator.

2. It is stated that late Sh. Avinash Chander Kohli s/o Late Shri Chaman Lal Kohli was resident of Huns Farms, Kapashera, Najafgarh Road, Bijwasan, New Delhi.

3. It is further stated that the wife of the late Sh. Avinash Chander Kohli died on 11th October, 1992.

4. It is also stated that late Sh. Avinash Chander Kohli executed his only Will dated 27th March, 2009 duly notarised in respect of his movable and

immovable properties in the presence of witnesses namely Mr. Mahesh Sahai and Mr. Ian Thomas and at the time of execution of the Will, the testator was in sound mind having good physical and mental health and disposing power.

5. The Will dated 27th March, 2009 executed by the deceased is reproduced hereinbelow :-

"WILL I, Avinash Chander Kohli Son of Late Sh. Chaman Lal Kohli, Resident of Huns Farm, Kapashera-Najafgarh Road, Bijwasan, New Delhi-110030 hereby execute this will voluntarily in a sound disposing state of mind after proper deliberation and without any duress from any external quarter whatsoever.

This is my last will and it will be valid and effective after my death. I have not executed any will before this. However, I hereby revoke all my previous wills if any made by me in respect of the assets and properties covered by this will at any time hereto before.

I declare that I own and possess the following movable & immovable assets & Properties:

1. Rafting Camp at Shivpuri, Rishikesh

2. Land & Camp at Pauri

3. House in DLF Gurgaon

4. HIG Flat in Dwarka

5. Agriculture Land & Camp in Sultanpur, Chandu Village

6. Mercedes Car

7. Scorpio SUV

8. Mahindra Bolero Jeep

9. Vintage Taunus Car

10. Camper

11. Other House hold items i.e. Air conditioners, Refrigerators, Tubewell, Furniture & Fixtures, Silver Utensils, Cameras, Televisions, Music System, DVD Player, Projector and other house hold items.

12. Office Equipments & Other Equipments i.e. Camp equipments, Fax Machines etc.

13. Three Bank Accounts in personal name with American Express Bank, DBS Bank Ltd, Post Office Saving Account.

14. One Bank Account in the name of Wild Life Adventure Tours with ABN Amro Bank.

15. Two Bank accounts in the name of Connaught Technical Services with ABN Amro Bank & Citi Bank.

16. Two Bank accounts in the name of Indian Rafting Company with Punjab National Bank L Block, Connaught Place & Punjab National Bank, Srinagar Rishikesh.

17. 5494 Equity Shares of Amber Tours Pvt. Ltd.

18. 99 Equity Shares of Huns Air Tours & Travels Pvt. Ltd.

19. 10001 Equity Shares of Wild Life Adventure Tours India Pvt. Ltd.

20. Arms-Weapons.

21. Gold Jewellery

22. Other Jewellery (Silver etc.)

23. Paintings

24. Antique Items

25. Carpets

26. 25% shares in the Sher Camp property at Sawai Madhopur.

27. Any other shares and UTIs.

This will is in relation to the aforesaid Movable & Immovable assets which are self acquired and I have full power of disposition over them and there are no loans or mortgages of any kind encumbering these assets and any other properties which I am owning at this time or which I may own at the time of my death.

Out of above the following Movable & Immovable assets will go as under:

1. Mercedes Car - to Mrs Shanti Rani Kohli Dugal daughter of Mr. Avinash Chander Kohli.

2. 5494 Equity Shares of Amber Tours Pvt Ltd. will be distributed as under:

5218 Equity Shares to my daughter Ms. Shanti Rani Kohli Dugal 275 Equity Shares to my son Naveen Kohli 1 Equity Share to Mr. Kewal Krishan Sabharwal son of late Mr. R.R. Sabharwal

The Board of Directors of Amber Tours Pvt. Ltd. will be as under:-

Ms. Shanti Rani Kohli Dugal (Total 5223 shares). Mr. Naveen Kohli (275 shares) Ms. Lalita Das Gupta (1 share) Mr. K.K. Sabharwal (1 share)

Out of the above, the following Movable & Immovable assets will go to Miss Divya Kohli daughter of Mr. Avinash Chander Kohli:-

1. HIG Flat in Dwarka

2. Vintage Taunus Car (if Divya Kohli marries Prashant)

Out of above the following Movable & Immovable assets will go to the Mr. Avinash Chander Kohli Trust Account:

1. Rafting Camp at Shivpuri, Rishikesh

2. Land & Camp at Pauri

3. Houses in DLF Gurgaon

4. Agriculture Land & Camp in Sultanpur, Chandu Village

5. Camper

6. Other House hold items i.e. Air conditioners, Refrigerators, Tubewell, Furniture & Fixtures, Silver Utensils, Cameras, Televisions, Music System, DVD Player, Projector and other house hold items etc.

7. Office Equipments & Other Equipments i.e. Camp equipments, Fax Machines etc.

8. Three Bank Accounts in personal name with American Express Bank, DBS Bank Ltd., Post Office Saving Account.

9. One Bank Account in the name of Wild Life Adventure Tours with ABN Amro Bank

10. Two Bank accounts in the name of Connaught Technical Services with ABN Amro & Citi Bank.

11. Two Bank accounts in the name of Indian Rafting Company with Punjab National Bank L Block, Connaught Place & Punjab National Bank, Srinagar Rishikesh.

12. 99 Equity Shares of Huns Air Tours & Travels Pvt. Ltd.

13. 10001 Equity Shares of Wild Life Adventure Tours India Pvt. Ltd.

14. Arms/Weapons (To be offered to my son Naveen Kohli, otherwise these should be sold).

15. Gold Jewellery

16. Other Jewellery (Silver etc.)

17. Paintings

18. Antique Items

19. Carpets

20. 25% shares in the Sher Camp property at Sawai Madhopur

21. Any other shares and UTIs

22. Scorpio SUV

23. Mahindra Balero Jeep

The Three Trustees will be Mrs. Shanti Rani Kohli Dugal daughter of Mr. Avinash Chander Kohli, Mr. Kewal Krishan Sabharwal son of late Mr. R.R. Sabharwal and Ms. Lalita Das Gupta daughter of late Mr. S. Das Gupta

In case Ms. Monita Kohli and specially Mr. Naveen Kohli would like to participate in the development plan of the Trust, Shanti Kohli Dugal will work out the strategy with them and they will be part of the Trust.

The Trust will be operated by Mrs. Shanti Rani Kohli Dugal daughter of Mr. Aviniash Chander Kohli with assistance from Mr. Kewal Krishan Sabharwal and Shanti Rani Kohli Dugal will be the sole signatory in the Trust.

I further direct that income generated through the Trust from the bank deposits and other activity will be used for the routine expenses and Miss Divya Kohli's day to day needs. The trust will also take care about Miss Divya Kholi's wedding expenses. Divya Kohli will continue to get monthly remuneration from Amber Tours Pvt. Ltd. till the time Divya Kohli gets married.

No Trust properties will be sold specially the Shivpuri Building unless it is imperative because of circumstances beyond anybody's control.

Huns Farm will be rented out only to an Embassy or a foreign MNC.

Ms. Shanti Kohli Dugal with assistance from Kewal Krishan Sabharwal will work out an understanding so that Ms. Lalita Das Gupta, Mr. K.K. Sabharwal, Mr. Vinay Kochhar and Mr. Aditya Singh (from Jaipur office) because of their long association with the Company will get benefit from the Trust.

Although, not part of the Will, I would like special consideration to be given to people like late Vikram Singh (now his wife), S.K.

Raju, Virinder, Dinesh and Samar Bahadur for their services.

I also direct that my first German wife Mrs. Margrit Kohli, and my daughter Ms Monita Kohli daughter of Mrs. Margrit Kohli and Avinash Chander Kohli will not get any share from my Assets & Properties.

My daughter Mrs. Shanti Rani Kohli Dugal shall be the executor of my this will. In case Mrs. Shanti Rani Kohli Dugal is not alive at the time of my death then my daughter Miss Divya Kohli and Mr. Kewal Krishan Sabharwal shall be the executor of this will.

In witness whereof I, Aviniash Chander Kohli, have signed this Will on this 27th day of March, 2009.

Executant

Sd/-

(Avinash Chander Kohli) S/o Late Shri Chaman Lal Kohli, Huns Farms, Kapashera-Najafgarh Road, Bijwasan, New Delhi"

6. Notice was issued on the present petition on 28th October, 2015. Citation was published in "The Statesman" (English edition) and "Jansatta" in (Hindi edition).

7. Respondents No. 2 to 4 were duly served and they have stated that they have no objection if Probate of Will dated 27 th March 2009 is granted in favour of the petitioner.

8. Learned counsel for the petitioner states that Late Sh. Avinash Chander Kohli died on 14th April, 2009 at Max Super Speciality Hospital, 1, Press Enclave Road, Saket, New Delhi leaving behind the following legal heirs:-

S. No. Name of legal heirs Relations with Deceased

1 Ms. Shanti Rani Kohli Dugal Daughter (Petitioner) 2 Ms. Divya Kohli Daughter (Respondent No.2) 3 Ms. Monita Kohli Daughter (Respondent No.3) 4 Mr. Navin Kohli Son (Respondent No.4)

9. It is stated that there is no dispute amongst the legal heirs of the deceased.

10. The valuation reports for the following immovable properties mentioned in the Will in question has been received by this Court:-

S. No. Details of properties Issuing Authority 1 Khasra No.142 min, 143, 145, Deputy Magistrate, 150, 151, 152, 153, 154, 155, Narender Nagar situated at village Shivpuri, Tehsil Narender Nagar, Distt.-

Tehri Garhwal, Uttrakhand 2 Khatoni/Khatta No.3, Khet Deputy Magistrate, NO.1954, situated at Village Pauri Bhadoli, Tehsil-Pauri, Distt.

                 Pauri Garhwal, Uttrakhand
      3          Plot NO.6, Silver Okas           Sub         Divisional
                 Avenue, DLF City, Phase-I,       Officer,     Gurgaon
                 Distt. Gurgaon, Haryana          (North)
      4          Farm House of Khewat NO.43,      Sub         Divisional
                 Khata No.43, Trct NO.19, Kill    Officer,     Gurgaon
                 12/3 (!-6), 13(6-2), 18(2-12)    (North)
                 Area- 15 K and Khewat No.78,
                 Kata No.43, Rect No.19, Kill

No.3(7-7), 4(7-2), (75-10), 8(7-

7), 19/1 (1-16), 22/2 (0-18), 26(1-3), Area 31K-3 M, Total Area-46 Kanal 3, Marla sitauted at Vilalge Chandu, Gurgaon, Haryana.

G.H. Society Ltd., Plot No.1, Assistant Collector nd Sector-7, Dwarka, New Delhi. 2 /Tehsildar (Dwarka)

11. The Petitioner has led evidence. The petitioner has examined herself as PW-1. PW-1 has tendered her affidavit in evidence on 06th March, 2017. It is stated that the testator expired on 14th April, 2009 leaving behind his last Will and testament dated 27th March, 2009. The petitioner has proved the Death Certificate of the Testator as Ex.PW1/2 and the Will of the Testator as Ex.PW1/3.

12. Mr. Mahesh Sahai, one of the attesting witnesses has filed his affidavit dated 12th July, 2017 and is exhibited as Ex.PW2/X. In the said affidavit, he has deposed as under:-

"2. I state that Late Mr. Avinash Chander Kohli, in my presence wilfully signed the Will dated 27-03-2009.

3. I state that I, as a witness, signed and witnessed the Will dated 27-03-2009 in the presence of the testator i.e. Late Mr. Avinash Chander Kohli and in the presence of the other witness i.e. Mr. Ian Thomas.

4. I state that the testator at the time execution of above said Will was in sound mind and good memory, further at the time of execution of above said Will, there was no constraint or undue influence upon the testator."

(emphasis supplied)

13. In view of the aforesaid, this Court is satisfied that the petitioner has succeeded in proving that the deceased late Sh. Avinash Chander Kohli had executed the Will dated 27th March, 2009 and the said Will was his last Will and testament.

14. Consequently, the present petition is allowed. The probate with a copy of the Will dated 27th March, 2009 annexed thereto is granted in favour of the petitioner, subject to her furnishing the requisite Court fees in terms of the valuation report and submitting an administrative bond with one surety in accordance with law.

MANMOHAN, J SEPTEMBER 26, 2017 m/js