Delhi High Court
Lolita Ghose Shukla vs State on 17 July, 2018
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17th July, 2018
+ TEST.CAS. 99/2011
LOLITA GHOSE SHUKLA ..... Petitioner
Through: Mr.Satyawan Shekhawat, Mr.Ashish
Tiwari, Advocates
versus
STATE ..... Respondent
Through: Mr. Vipul Pankaj Sanghi, Ms.Ananya
Kar Sanghi, Advocates
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The petitioners are seeking Letters of Administration with the Will
annexed of late Evelyn Marr.
2. Evelyn Marr (hereinafter referred to as 'testatrix') expired on 14th
January, 2007 leaving behind a Will dated 05th November, 2005 in favour of
her niece, Lolita Ghose Shukla who filed this petition on the averments that
the testatrix was unmarried and she had five sisters, namely, Drusilla, Irene,
Edna, Helen Gideon and Phyllis Gore and one brother, Hubert Marr; the
parents of the testatrix had predeceased her; Irene and Edna were unmarried
and they predeceased the testatrix; Lolita Ghose Shukla and her family were
living with the testatrix since 1998 and looking after her till she expired; the
testatrix was absolute owner of freehold residential flat bearing No.E-41,
DDA Flats, Ekta Apartments, Saket, Delhi-110017; the testatrix bequeathed
the aforesaid flat in favour of Lolita Ghose Shukla; the Will dated 05th
November, 2005 was witnessed by Deepa Mathur and Deepa Bhargava and
their affidavits have been filed along with the petition; the names and
addresses of the near relatives of the testatrix are mentioned in Schedule A;
and all the relatives mentioned in Schedule A do not have any objection to
the Will dated 05th November, 2005.
3. On 02nd November, 2011, notice of this petition was issued to the
State as well as close relatives mentioned in Schedule A. and the citation
was directed to be published in Delhi edition of 'Statesman'. Notice was
also issued to the Chief Revenue Controlling Authority to submit the
valuation report in respect of the immovable property mentioned in the Will.
4. The notices to the near relatives of the testatrix were duly served and
all of them, namely Peter Gideon, Ayesha Gideon, Vikas Gore, Anita Gore,
Shama Maira and Rama Raman have given their no objection by way of
affidavit to the Will dated 05th November, 2005. The citation was duly
published in 'Statesman' and no objections have been received. The
Assistant Collector has submitted the valuation report in respect of the
subject property on 09th February, 2012.
5. Lolita Ghose Shukla expired during the pendency of this petition and
was survived by her son, Digbijoy J. Shukla and her husband, Praveer S.
Shukla who were substituted in her place vide order dated 6 th February,
2013.
6. The petitioner examined Deepa Bhargava as PW-1 and Deepa Mathur
as PW-2 and they both deposed having witnessed the testatrix executing the
Will, Ex.PW-2/1. They further deposed that the testatrix was in sound mind
and health at the time of executing of the Will. The original Will, Ex.PW-2/1
is a handwritten Will which has been signed by the testatrix as well as two
witnesses at three places marked as 'A', 'B' and 'C' on Ex.PW-2/1. As per
Ex.PW-2/1, the deceased bequeathed flat bearing No.E-41, DDA Flats, Ekta
Apartments, Saket, Delhi-110017 to her niece, Lolita Ghose Shukla. PW-1
and PW-2 have proved the execution of the Will dated 05th November, 2005
by the testatrix. This Court is satisfied that the Will dated 05th November,
2005 is true and last Will of Evelyn Marr.
7. The petition is allowed and the Letters of Administration with Will
dated 05th November, 2005 annexed is granted in favour of the petitioner,
subject to the petitioner furnishing the requisite Court fee. Since the
petitioners are the only beneficiaries, the petitioners are exempted from
furnishing of the administration and surety bonds.
8. Copy of this judgment be given dasti to counsels for the parties under
signature of Court Master.
JULY 17, 2018 J.R.MIDHA, J.
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