Delhi High Court
Rama Rani vs State & Others on 26 October, 2018
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 74/2015
RAMA RANI ..... Petitioner
Through: Mr. Zorawar Singh, Advocate
versus
STATE & OTHERS ..... Respondent
Through:
% Date of Decision: 26th October, 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 13th November, 2007 under Section 278 read with Section 300
of the Indian Succession Act, 1925 with respect to the estate of deceased Sh.
Harish Chander, son of Late Sh. Sat Bhushan.
2. It is stated in the petition that the petitioner is the wife of the testator
Late Sh. Harish Chander who expired on 19th August, 2013, in New Delhi.
The deceased is stated to have executed a registered Will dated 13th
November, 2007, which was duly attested by Mr. Arun K. Jindal and Mr.
Mohit Verma. The Will dated 13th November, 2007 executed by the
deceased is reproduced hereinbelow:-
"WILL
I, Harish Chander, son of Shri Sat Bhushan, aged 67 years,
residence of Malerkota now residing at C-161, Greater Kailash,
Part-I, New Delhi - 110 048, do hereby revoke formal, oral or
written wills & codicils made by me and by this my last Will
bequeath and device all my moveable and immoveable properties
whatsoever and wheresoever.
I have great love for my wife Mrs. Rama Rani. I bequeath all my
individual immoveable & moveable properties in favour of my
wife Mrs. Rama Rani. I am also Karta and coparcener of Harish
Chander H.U.F. I bequeath my share in H.U.F. in favour of other
coparcener of H.U.F., of moveable and immoveable H.U.F. and
H.U.F. shall continue to own properties. In the event my wife
Mrs. Rama Rani pre deceases me, all my individual moveable and
immoveable property shall devolve to my sons Dr. Sumeet
Chander & Mr. Ameet Chander equally. After my death no person
shall have any right or interest in the properties (moveable and
immoveable) except as mentioned above.
In witness whereof I have set my hand on this will to i.e. the
th
13 day of November, 2007.
Witness - 1 sd/-
Arun K. Jindal Testator
873, Sector 15,
Faridabad.
Witness - 2
Mohit Verma
F-10/2, Vasant Vihar,
New Delhi"
3. It is stated that deceased has left behind three legal heirs, i.e. his wife,
the Petitioner and two sons, respondent nos. 2 and 3.
4. In the petition, the deceased is stated to be the joint/sole owner of the
following immovable and movable properties:-
Immovable Properties
1. 1/3rd Share in Plot No. 240(J), Sainik Farms, New Delhi.
New address: W15/22, Sainik Farms, New Delhi.
2. Residential House at Patli Wali Gali, Civil Lines, Opposite House of
Satya Pal, Advocate, Moga Punjab.
Movable Properties
1. 2760 (Two Thousand Seven Hundred Sixty) Shares of ITC Limited
vide Share Certificate No. 204920.
2. 772 (Seven Hundred Seventy Two) shares of Nestle India Limited.
3. Honda City Car Bearing Registration No. HR 51-AS-7869.
4. Notice was issued on the present petition on 06th August, 2015. Vide
order dated 04th March, 2016 citation has been published in the newspaper
'Statesman' English Edition and 'Jan Satta' Hindi Edition. Since one of the
properties is situated in Moga, Punjab, the citation was also published in
'Punjab Kesari' Gurmukhi Edition and 'Tribune' English Edition. No
objections have been received after publication of the citation. Notice was
duly served on the State and valuation report has been filed by the State.
5. Respondent Nos. 2 and 3, have filed their No Objection supported by
an affidavit. The affidavits of respondent nos.2 and 3 are reproduced
hereinbelow:-
A. No Objection of Respondent No.2
I, the above-named deponent, do hereby solemnly
affirm and declare as under:-
1. That I am the Respondent No.2and Son of late Shri
Harish Chander, who passed away on 19.08.2013
in New Delhi. That late Shri Harish Chander had
executed a Will dated 13.11.2007. I further state
that I am competent to depose and to swear the
present affidavit.
2. That the Petitioner has filed the petition seeking
Letters of Administration in respect of Will dated
13.11.2007, contents of which I have read and
understood. That I have no objection to the said
Petition being allowed and to grant of Letters of
Administration with will annexed in favour of the
Petitioner.
3. That no part of this affidavit is false and no
material facts have been concealed therefrom.
B. No Objection of Respondent No.3.
I, the above-named deponent, do hereby solemnly
affirm and declare as under:-
1. That I am the Respondent No.3 and Son of late Shri
Harish Chander, who passed away on on
19.08.2013 in New Delhi. That late Shri Harish
Chander had executed a Will dated 13.11.2007. I
further state that I am competent to depose and to
swear the present affidavit.
2. That the Petitioner has filed the petition seeking
Letters of Administration in respect of Will dated
13.11.2007, contents of which I have read and
understood. That I have no objection to the said
Petition being allowed and to grant of Letters of
Administration with will annexed in favour of the
Petitioner.
3. That no part of this affidavit is false and no
material facts have been concealed therefrom.
6. Smt Rama Rani, wife of Late Sh.Harish Chander, petitioner has filed
her affidavit by way of evidence which has been exhibited as Ex. PW1/X. It
has been stated by the petitioner in her affidavit that the Testator executed
the Will out of his own freewill and was in a sound disposing mind at the
time of signing the said Will which was duly executed by him in the
presence of the witnesses. It is further stated that the Testator expired on 19th
August, 2013 at New Delhi leaving behind his last Will and testament dated
13th November, 2007. The petitioner has proved the original Death
Certificate of the Testator as Ex.PW1/1.
7. Mr. Arun K. Jindal, first attesting witness has filed his affidavit dated
05th February, 2018 and the same is exhibited as Ex.PW3/X. In the said
affidavit, he has deposed as under:-
"I state that late Shri Harish Chander executed his Will dated
13.11.2007 in my presence and in the presence of Shri Mohit
Verma, son of Shri Yash Pal Verma, resident of F-10/2, Vasant
Vihar, New Delhi - 110057 and that late Shri Harish Chander had
signed the said Will dated 13.11.2007 in our presence and I
alongwith Shri Mohit Verma also subscribed our names and
signatures as attesting witnesses to the said Will in presence of
each other at the same time and in presence of late Shri Harish
Chander."
8. In view of the above, the Court is satisfied that the petitioner has
succeeded in proving the testator Late Sh. Harish Chander had executed the
Will dated 13th November, 2007 and the said Will was his last will and
testament.
9. In view of the aforementioned facts and evidence, the present petition
is allowed and the Letters of Administration is issued in favour of the
petitioner enabling her to administer the estate of deceased Late Sh. Harish
Chander, 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.
10. List before Joint Registrar on 29th November, 2018 for determination
of Court fees to be paid.
MANMOHAN, J
OCTOBER 26, 2018
as/rn
