Delhi High Court
Sanjeev Keshav Verma vs State& Anr on 4 December, 2018
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 58/2015 & I.As. 13301/2015 & 14502/2018
SANJEEV KESHAV VERMA ..... Petitioner
Through: Mr Jasmeet Singh, Srivats
Kaushal and Aditya
Madaan, Advocates.
versus
STATE& ANR. ..... Respondents
Through: Mr. Gaurav Duggal, Advocate
with Ms. Atreyee Barthakur,
Advocate for respondent No.2.
% Date of Decision: 04th December, 2018
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present petition has been filed for grant of Letters of Administration
of Will dated 18thAugust, 2009 under Section 276 of the Indian Succession
Act, 1925 with respect to the estate of deceased Col. Keshav Sain Verma,
son of Late Sh.Nand Ram Verma.
2. It is stated in the petition that the petitioner is the son of the testator
Late Col. Keshav Sain Verma who expired on 27 th October, 2012, in New
Delhi, and executed a registered Will dated 18thAugust, 2009, duly attested
by Mr. Ravi Anthwal and Mr. Nazerath.
3. It is stated that deceased has left behind two legal heirs, i.e. his son,
the petitioner and a daughter, the respondent no. 2.
4. Notice was issued on the present petition on 8th July, 2015. Vide
order dated 24th November 2015; citation has been published in the
newspaper 'Statesman' English Edition and 'Veer Arjun' Hindi Edition. The
respondent no.2 filed its objection to the present petition.
5. Vide Order dated 31st May, 2016, the following issues were framed:
(i) Whether the Will dated 18.09.2009 is legal and valid? (OPP)
(ii) Whether the Will is bad in law for being vague and unclear? (OPR)
6. The petitioner filed its evidence by way of affidavit of himself, Mr.
Dhani Ram, the draftsman and Mr Ravi Anthwal. The petitioner has proved
the will dated 18th August, 2009, executed by his father, and the same is
exhibited as Ex. PW1/A. He has also proved the death certificate of the
testator and the same is exhibited as PW1/B. He has also proved the death
certificate of his mother dated 16th August, 2013 and the same is exhibited as
Ex1/C.
7. In the affidavit filed by Mr. Dhani Ram, he has admitted that he has
drafted the Will as per the instructions of Late Shri Keshav Sain Verma.
8. The petitioner has also filed an affidavit of Mr. Ravi Anthwal, who is
the attesting witness to the Will. In the said affidavit, Mr. Ravi Anthwal has
confirmed the execution of the Will dated 18th August, 2009 in his presence.
9. The petitioner and the respondent no.2 have filed the present
application being I.A. 14502/2018 under Order 23 Rule 3, CPC read with
Section 151 CPC, to take the Memorandum of Understanding dated 24th
June, 2018 on record and allow the present petition and grant Letters of
Administration to the petitioner in accordance with Memorandum of
Settlement dated 24th June, 2018, which are exhibited as Ex. C-1 (Colly).
10. Today in Court, Mr. Jasmeet Singh, learned counsel for the petitioner
has handed over the following three demand drafts in favour of respondent
no.2:-
S.No. Demand Draft Number Bank Name and Amount
and Date of Issue Branch
1. 137633 dated 26th Canara Bank, Rs.2484145.00/-
November, 2018 Vostro Central
Processing
Centre, Mumbai.
2. 137634 dated 26th Canara Bank, Rs.100000.00/-
November, 2018 Vostro Central
Processing
Centre, Mumbai
3. 679178 dated 22nd Kotak Mahindra Rs.29,00,000.00
November, 2018 Bank, Mumbai
Nariman Point
11. Mr. Jasmeet Singh assures this Court that in the event the aforesaid
demand drafts are not accepted for any reason whatsoever, the petitioner
shall replace the same with fresh demand drafts.
12. Both the learned counsel further assure and undertake to this Court
that the parties shall comply with the Settlement terms mentioned in the
aforesaid Settlement Agreement and Both the learned counsel further assure
and undertake to this Court that the parties shall comply with the Settlement
terms mentioned in the aforesaid Settlement Agreement.
13. This Court has also perused the compromise application and
Settlement Agreement and is of the opinion that they are lawful.
14. Consequently, the present application is allowed and the Letters of
Administration is issued in favour of the petitioner in accordance with
Memorandum of Settlement dated 24th June, 2018, subject to the petitioner
filing the requisite Court fee in terms of the valuation reports and submitting
an administrative bond with one surety in accordance with law.
15. With the aforesaid observations, present petition and all pending
applications stand disposed of.
MANMOHAN, J
DECEMBER 04, 2018
sp/KA
