Delhi High Court
Shakuntla Rani vs The State & Ors on 11 January, 2018
$~OS-17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision 11.01.2018
+ TEST.CAS. 39/2014
SHAKUNTLA RANI ..... Petitioner
Through Mr.R.S.Mishra, Ms.Geetanjali and
Mr.Anand Mishra, Advs.
versus
THE STATE & ORS ..... Respondents
Through
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
1. This petition is filed under Section 273 of Indian Succession Act,
1925 for grant of probate in favour of the petitioner with respect to the
Registered Will dated 22.12.2009 which was executed by Late Shri Chandra
Pal Gupta (hereinafter referred to as "the deceased") who has expired on
23.06.2011 at Virginia, USA.
2. It has been averred in the petition that the petitioner is the wife of the
deceased and the Respondent Nos. 2 to 4 are the daughters and son of the
deceased. The petitioner and respondent Nos.2 to 4 are the only legal heirs
of the deceased.
3. As per order dated 16.09.2016 it was noted by this court that despite
service of notice of this petition to the Respondent No. 1, none has appeared.
Hence, Respondent No. 1 was proceeded ex-parte. It was further noted that
Respondent Nos. 2 to 4 have already filed their No- Objection supported by
TEST.CAS. 39/2014 Page 1
an affidavit. Hence, there is no contesting respondent in this matter.
Evidence was recorded of the petitioner and Dr. Ajay Kumar Gupta.
Arguments have been heard.
4. The petitioner (PW1) tendered her affidavit by way of evidence
wherein she has deposed that she was the wife of the deceased and that the
couple had 3 children, namely, Respondent Nos.2 to 4. She has also deposed
that she has been appointed as the sole successor, administrator, liquidator
and receiver of all the assets by the deceased. She has stated that the
deceased expired on 23.06.2011 at Virginia, USA. The original death
certificate is marked as Ex.PW1/B. She further states that the Will dated
22.12.2009 is the last and final Will of the deceased, she has exhibited the
will of the deceased, which is marked as Ex.PW1/A. She has further stated
that the deceased was of sound mind and health at the time of execution of
the said Will, which was duly attested by the witnesses. It is also stated that
there were two attesting witnesses, namely, Mrs.Kamalam Jaganathan and
Mr.Antony OR.
5. The petitioner points out that at the time of filing this present petition,
the petitioner was under the impression that she would be in a position to
produce the said attesting witnesses for recording their deposition but
subsequently she learnt that the said witnesses' whereabouts are not known
to her. Thereafter, the petitioner was able to locate one Dr.Ajay Kumar
Gupta (PW2), who was working in the same educational institution in Delhi
wherein the deceased and the two attesting witnesses were working, to
identify the signatures of the deceased and the attesting witnesses. PW2 has
filed his affidavit by way of evidence marked as Ex.PW2/X. As per the said
affidavit of Dr.Ajay Kumar Gupta, the deceased was running educational
TEST.CAS. 39/2014 Page 2
institutions in UAE. Mrs. Kamalam Jaganathan and Mr.Antony OR were
also working as teachers in the said institutes. Dr. Ajay Kumar Gupta used
to work along with the deceased and the said attesting witnesses in Delhi,
before they moved to UAE. Hence, Dr.Ajay Kumar Gupta has seen Mrs.
Kamalam Jaganathan and Mr.Antony OR writing and signing. Having seen
the Will, Dr.Ajay Kumar Gupta has identified and recognized the signatures
of the deceased and the attesting witnesses.
6. I have perused the statements of the petitioner and Dr. Ajay Kumar
Gupta. In view of the above, the court is satisfied that the petitioner is the
wife of the deceased and has succeeded in proving that the deceased has
executed the will dated 22.12.2009 in sound deposing mind in favour of the
petitioner. The petitioner has further proved that the said will was the last
will and testament of Late Shri Chandra Pal Gupta. Dr. Ajay Kumar Gupta
has identified the signatures of the deceased and the attesting witnesses.
7. In this view of the matter, I hold that the petitioner has been
successful in proving due execution and attestation of the will dated
22.12.2009 of Late Shri Chandra Pal Gupta. Since, the petitioner is the sole
beneficiary of the said Will, She is declared the absolute owner with respect
of the properties mentioned in the said will. Hence, a probate is issued in
favour of the executor to the Will i.e. petitioner, subject to her furnishing the
requisite court fees in terms of the valuation report and execution of
administration and surety bond.
8. No orders as to cost. Petition is disposed off.
JAYANT NATH, J
JANUARY 11, 2018/ss
TEST.CAS. 39/2014 Page 3
