Sh Harjeet Singh Bhogal & Others vs State & Others
2018 Latest Caselaw 2468 Del

$~4
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     TEST.CAS. 47/2016

      SH HARJEET SINGH BHOGAL & OTHERS           ..... Petitioners
                    Through: Mr. Vinay Gupta, Advocate.

                         versus

      STATE & OTHERS                                     ..... Respondents
                   Through:           Mr. K.K. Mishra, Advocate for R-2 to
                                      7.
      CORAM:
      HON'BLE MR. JUSTICE VALMIKI J. MEHTA

                         ORDER

% 19.04.2018

TEST.CAS. 47/2016 and I.A. No. 2719/2017 (for grant of leave and permission to petitioners for filing own valuation)

1. By this testamentary case the petitioners pray for grant of letters

of administration with the Will annexed of late Shri Swaran Singh

Bhogal. The Will is dated 15.10.2007 and is a Will which has been

duly registered before the Sub-Registrar. Three petitioners are the

sons of late Shri Swaran Singh Bhogal. Respondent nos. 2 to 7 are

the daughters of the deceased testator late Shri Swaran Singh Bhogal.

Respondent nos. 2 to 7 have filed their written statements saying that

they do not object to the grant of reliefs in the present testamentary case.

2. The Will dated 15.10.2007 is attested by two attesting

witnesses Sh. Krishan Gopal Dhiman and Sh. Raj Kumar. Both the

attesting witnesses have filed their affidavits by way of evidence. The

attesting witnesses have deposed with respect to the subject Will duly

executed by the testator late Shri Swaran Singh Bhogal in the

presence of attesting witnesses and duly attested by two attesting

witnesses. The attesting witnesses have also deposed that they

appeared in the office of Sub-Registrar for registering of the Will and

putting the signatures of the testator and the attesting witnesses in the

presence of the Sub-Registrar.

3. In view of the depositions of the attesting witnesses, in my

opinion, the subject Will dated 15.10.2007, Ex.P-1, is held to be

proved and it is held that the deceased testator died leaving behind his

last valid Will dated 15.10.2007.

4. Valuation reports with respect to properties which are subject

matter of bequest under the subject Will have been filed by competent

authorities. The valuation stated in the valuation reports will be taken

by the Registry for the purpose of calculation of court-fees payable on the present letters of administration case.

5. In view of the aforesaid discussion, this testamentary case is

allowed. Petitioners are granted letters of administration with the

Will annexed. The Will which is annexed to the letters of

administration is the subject Will Ex.P-1 dated 15.10.2007. Letters of

administration will be drawn out on the petitioners filing the

necessary court-fees.

6. Since petitioners are the only three beneficiaries of the Will,

they are exempted from filing any administration bond or surety bond

for grant of letters of administration with the Will annexed.

7. The testamentary case is accordingly allowed and disposed of

in terms of the aforesaid observations.

VALMIKI J. MEHTA, J APRIL 19, 2018 AK