Delhi High Court
Sudha Jhanwar vs State & Anr on 31 October, 2018
$~O-23 & O-24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31st October, 2018
+ TEST.CAS. 60/2011 & I.A.12789/2011
23 SUDHA JHANWAR ..... Petitioner
Through: Mr.Ambar Qamaruddin, Mr.Ajay
Talesara, Ms.Simmi Kaur Bagga,
Advocates
versus
STATE & ANR ..... Respondents
Through: Mr. R.Y. Kalia, Mr.S.F. Kalia,
Advocates for respondent No.2
+ TEST.CAS. 51/2012
24 RAJIV KUMAR ..... Petitioner
Through: Mr. R.Y. Kalia, Mr.S.F. Kalia,
Advocates
versus
STATE & ORS ..... Respondents
Through: Mr.Ambar Qamaruddin, Mr.Ajay
Talesara, Ms.Simmi Kaur Bagga,
Advocates for respondent No.2.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. Late Shanti Swarup Gupta and Rattan Kumari executed a joint Will
dated 21st July, 2002 whereby they bequeathed their estate to their son, Rajiv
Kumar and daughter, Sudha Jhanwar. Rattan Kumari expired on 27th August,
2008 and Shanti Swarup Gupta expired on 14th April, 2011.
2. The daughter, Sudha Jhanwar has filed Test. Cas.60/2011 for grant of
Letters of Administration in respect of the joint Will dated 21st July, 2002.
The son, Rajiv Kumar has filed Test.Cas.51/2012 for grants of Letters of
Administration in respect of the subsequent joint Will dated 08th April, 2008
executed by their parents, late Shanti Swarup Gupta and Rattan Kumari.
3. Rajiv Kumar (petitioner in Test.Cas.51/2012) admits the Will dated
21st July, 2002 but is claiming the Will dated 08th April, 2008 to be the
subsequent Will whereas, Sudha Jhanwar (petitioner in Test.Cas.60/2011) is
disputing the subsequent Will dated 08th April, 2008 to be forged and
fabricated.
4. Both the parties have led their evidence. Vide order dated 19th March,
2015, this Court referred both the Wills for the opinion of CFSL in
pursuance to which CFSL submitted their report dated 07th February, 2017.
5. Learned counsel for the petitioner in Test.Cas.60/2011 submits that
according to the report of the CFSL, the subsequent Will dated 08th April,
2008 is not a genuine Will which is disputed by learned counsel for the
petitioner in Test.Cas.51/2012.
6. Both the parties are present in Court with their respective counsels.
Rajiv Kumar (petitioner in Test Cas.51/2012) submits that he has no
objection to the joint Will dated 21st July, 2002 being declared as the last
Will of his parents and he seeks permission to withdraw Test.Cas.51/2012.
7. Learned counsel for the petitioner in Test.Cas.60/2011 submits that
the statement of Rajiv Kumar be recorded on oath so that there is no
controversy left relating to the Will dated 08th April, 2008. The statement of
Rajiv Kumar has been recorded separately on oath. Rajiv Kumar has stated
on oath that without prejudice to his rights and contentions and to put an end
to the family dispute, he has no objection to the joint will dated 21st July,
2002 being declared as the last will of his parents. He further stated on oath
that he wish to unconditionally withdraw Test Cas.51/2012 and not to seek
any claim on the basis of the will dated 08th April, 2008.
8. In view of the statement made by Rajiv Kumar before this court
today, Sudha Jhanwar (petitioner in Test.Cas.60/2011) agrees not to file any
case or proceedings against Rajiv Kumar relating to the Will dated 08th
April, 2008. The statement of Sudha Jhanwar is taken on record.
9. The Will dated 21st July, 2002 executed by late Shanti Swarup Gupta
and Rattan Kumari has been proved by the witness, RW-2 Virender Kumar
Goel. In his affidavit by way of evidence, RW-2 has deposed that he was
invited by the father of Sudha Jhanwar and Rajiv Kumar to witness the joint
will dated 21st July, 2002 and the will was duly signed by RW-2 and the
other witness after signing of the joint will dated 21st July, 2002 by the
parents of Sudha Jhanwar and Rajiv Kumar. This Court is satisfied that the
Will dated 21st July, 2002 is the last Will of late Shanti Swarup Gupta and
Rattan Kumari. Rajiv Kumar (petitioner in Test.Cas.51/2012) has not
disputed the valid execution of the Will dated 21st July, 2002 and has
voluntarily withdrawn the subsequent Will dated 08th April, 2008.
10. The public notice of Test.Cas.60/2011 was issued and no objections
have been received.
11. This Court is not required to go into the question of title of the
deceased in respect of the properties in these proceedings for letters of
administration of the will of the deceased under the Indian Succession Act,
1925. As such, there is no impediment to the issuance of the letters of
administration in respect of the Will dated 21st July, 2002.
12. Test.Cas.51/2012 is dismissed as withdrawn. Test.Cas.60/2011 is
allowed and the Letters of Administration with the Will dated 21st July, 2002
annexed of late Shanti Swarup Gupta and Rattan Kumari is granted in favour
of the petitioner in Test.Cas.60/2011, subject to the petitioner furnishing the
requisite Court fees and bonds.
13. Rajiv Kumar present in Court undertakes to handover the first floor
and servant quarter on the terrace along with 28% land rights of the subject
property No. D-6/24, Vasant Vihar, New Delhi to Sudha Jhanwar in terms of
the Will dated 21st July, 2002 within one month from today. The
undertaking of Rajiv Kumar is hereby accepted.
14. Learned counsels for both the parties submit that the account has to be
settled between the parties with respect to the amounts paid by Rajiv Kumar
to Sudha Jhanwar and the rent received by Rajiv Kumar in respect of first
floor of the subject property which has fallen to the share of Sudha Jhanwar.
15. List before Delhi High Court Mediation and Conciliation Centre on
12th November, 2018 with respect to the settlement of accounts.
16. The Mediation Centre shall appoint a senior mediator to mediate
between the parties.
17. In the event of the failure of the mediation, the parties would be at
liberty to initiate appropriate legal remedies for the rendition of accounts.
18. Both the petitions are disposed of in the above terms.
19. This Court appreciates the assistance rendered by learned counsel for
the parties in this matter.
20. The pending applications are disposed of.
21. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
OCTOBER 31, 2018/dk J.R.MIDHA, J.
Test.Cas.60/2011 & Test Case.51/2012
Statement of Mr.Rajiv Kumar, S/o Late Sh. S.S. Gupta, Aged 47 years,
R/o 444, Sector A, Pocket-C, Vasant Kunj, New Delhi on S.A.:
Without prejudice to my rights and contentions and with a view to put
an end to the family dispute I have no objection to the Will dated 21st July,
2002 of my parents late Mr.Shanti Swaroop Gupta and Mrs.Ratan Kumari to
be declared as their last Will. I seek permission to unconditionally withdraw
Test Case.51/2012. I undertake not to seek any claim on the basis of the
Will dated 08th April, 2008. I further undertake not to file any further
proceedings relating to the Will dated 08th April, 2008. I have no objection
to the grant of Letters of Administration in respect of Will dated 21st July,
2002 of my parents.
RO&AC
J.R. MIDHA, J.
31.10.2018
