Sujata Prakash vs State & Ors.
2018 Latest Caselaw 1540 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         TEST. CASE No. 28/2017

%                                                     7th March, 2018

SUJATA PRAKASH                                          ..... Petitioner
                          Through:       Mr. Neeraj Yadav, Advocate.
                          versus
STATE & ORS.                                           ..... Respondents

                          Through:       Ms. Aditi Sharma, Advocate for
                                         R-2 and 3.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1. This testamentary case has been filed by the petitioner for

grant of letters of administration with the Will annexed of late Sh.

Vishwa Prakash, husband of the petitioner, who passed away on

8.6.2016.

2. Out of the wedlock of the petitioner with late Sh. Vishwa

Prakash two children were born namely Sh. Suvrat Prakash and Smt.

Shipra Prakash and who are arrayed as respondent nos. 2 and 3 to this

petition. Respondent nos. 2 and 3 have given their no objection to the

grant of letters of administration with the Will annexed to the

petitioner. Respondent no.4 in this petition is the mother of the

deceased Sh. Vishwa Prakash and she has also given her no objection

to grant of letters of administration with the Will annexed to the

petitioner.

3. The original Will dated 15.3.2016 of late Sh. Vishwa

Prakash has been filed on record. There are two attesting witnesses of

this Will namely Sh. Om Prakash and Smt. Vimlesh Rani. Petitioner

has filed the affidavit by way of evidence of the attesting witness Sh.

Om Prakash who has deposed with respect to the subject due

execution and attestation of the Will and the Will being signed by the

testator and he and the other attesting witness namely Smt. Vimlesh

Rani signing in presence of the executant/testator. The Will is

exhibited as Ex.PW2/1. Today this exhibit mark is put on the original

Will.

4. Petitioner has also filed her own affidavit with respect to

the respondent nos. 2 to 4 being the only legal heirs of the deceased

Sh. Vishwa Prakash and which respondent nos. 2 to 4, as already

stated above, have filed their no objection to the grant of the letters of

administration with the Will annexed. Petitioner has also deposed that

the subject Will dated 15.3.2016 being the last Will and testament of

the deceased Sh. Vishwa Prakash.

5. It is therefore seen that the petitioner has succeeded in

proving the Will dated 15.3.2016/Ex.PW2/1 of late Sh. Vishwa

Prakash. Since by the Will no executor is appointed, accordingly

petitioner is granted letters of administration with the Will annexed

dated 15.3.2016 of late Sh. Vishwa Prakash. This testamentary case is

allowed accordingly.

6. In order to determine the valuation of the property for

payment of court fee by the petitioner, list before the Joint Registrar

for further proceedings on 1st May, 2018. The Joint Registrar will

pass a speaking order specifying the valuation of the properties subject

matter of the Will, and the petitioner will be liable to pay court fees in

accordance with law, and only whereafter necessary certificate be

issued in favour of the petitioner.

MARCH 07, 2018/ib                           VALMIKI J. MEHTA, J