Delhi High Court
Mr Amardeep Singh Soni vs State Of Nct Of Delhi on 15 April, 2019
$~OS-17
IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15.04.2019
+ TEST.CAS. 40/2017
MR AMARDEEP SINGH SONI ..... Petitioner
Through Mr.Ravinder Singh and Ms.Raveesha
Gupta, Advs.
versus
STATE OF NCT OF DELHI ..... Respondents
Through None
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
1. The petitioner has filed this present petition under section 276 of the
Indian Succession Act seeking grant of probate in favour of the petitioner
with respect to the will dated 31.01.2016 which was duly executed by Late
Ms. Gurdeep Kaur Soin (hereinafter referred to as "the deceased") who has
expired on 28.02.2017 at New Delhi.
2. It is averred in the petition that the petitioner is the nephew of the
deceased. It is further averred that respondent no. 2 and 3 are real sisters of
the deceased.
3. Notice was issued to the respondents by this court on 07.02.2018.
Respondent no. 1, the state, has filed the valuation report dated 26.11.2018
qua the immovable property of the deceased. Respondent no. 2 and 3 had
filed their replies to the said petition.
4. Essentially the case of the petitioner is that the deceased were 3
sisters, namely, Respondent no. 2 and 3 and Mrs. Jasbir Kaur Soni. It is
stated in the petition that the petitioner is the son of Mrs. Jasbir Kaur Soni. It
is pertinent to mention that Mrs. Jasbir Kaur Soni has expired on 20.11.1998.
It is further stated that the deceased was married to Mr. S. Dhanbir Singh
Soin and out of the wedlock was blessed with one daughter Ms. Gurmeet
Kaur Soin. It is also stated that the husband and daughter of the deceased,
namely, Mr. S. Dhanbir Singh Soin and Ms. Gurmeet Kaur Soin pre-
deceased her. It is also pertinent to mention that the daughter of the deceased
was unmarried during her lifetime.
5. It is pleaded in the petition that the deceased was handicapped and was
under the care of the petitioner. It is further pleaded that during the lifetime
of the deceased, she became joint owners with her daughter (i.e. Ms.
Gurmeet Kaur Soin) of the immovable property bearing no. 230, Block-A,
Pocket 3, Sector 5, Ground Floor, Rohini, New Delhi-85. In addition the
deceased also acquired several miscellaneous movable assets in her name
and jointly with her daughter Late Ms. Gurmeet Kaur Soin. The details of
which are given in the present petition.
6. It is averred in the petition that during the life time of the deceased,
she executed a will dated 31.01.2016, wherein, the deceased has bequeathed
the immovable and several movable properties in the favour of the
petitioner.
7. Hence, this petition is filed by the petitioner being the sole beneficiary
for grant probate of the will dated 31.01.2016. Respondent no. 2 and 3 have
filed their replies to the said petition states that they have no objection to the
present petition. There are hence no contesting respondents in this present
petition.
8. Evidence was recorded. The petitioner has filed evidence by way of
affidavit of himself along with the two attesting witnesses, namely, Sh.
Manmohan Singh Soni and Sh. Surjeet Dhar Dubey.
9. A perusal of the evidence by way of affidavit of the petitioner affirms
the contents of the petition. It is stated that during the lifetime of the
deceased she became joint owners with her daughter to the suit property no.
230, Block-A, Pocket 3, Sector 5, Ground Floor, Rohini, New Delhi-85
which is a self acquired property. The deceased was further owning various
bank accounts, mutual funds, FDRs, etc. in her sole name or in joint name
with her daughter. It is further stated that the deceased executed a will dated
31.01.2015 wherein the petitioner is the sole beneficiary. The said will is
marked and exhibited as Ex. PW 1/1. It is also stated that the petitioner is the
nephew of the deceased. The deceased had three sisters, namely, Mrs.
Inderjeet Kaur Sodhi, Mrs. Baljeet Kaur and Late Mrs. Jasbir Kaur Soni. The
deceased was married to Late Mr. S. Shanbir Singh Soin who pre-deceased
her. The deceased was also blessed with a daughter, namely, Late Ms.
Gurmeet Kaur Soin who was unmarried and also pre-deceased her. The
death certificate of Late Ms. Gurmeet Kaur Soin is marked and exhibited as
Ex. PW 1/2. It is also stated that the deceased was handicapped and was
under the care of the petitioner. Due to her old age the deceased expired on
28.02.2017. The death certificate of the deceased is marked and exhibited as
Ex. PW1/3. It is averred that the sisters of the deceased, namely, Respondent
no. 2 and 3 have already furnished their respective NOC's to the petition.
10. A perusal of evidence by way of affidavit of both the witnesses to
Will, namely, Mr. Manmohan Singh Soni and Mr. Sujeet Dhar Dubey and
original will of the deceased would show that the original will dated
31.01.2016 was executed by the deceased in their presence. Both the
witnesses have identified their respective signatures and also identified the
signature of the deceased on the Will. They also state that the deceased was
in sound disposing mind at the time the said will was executed.
11. In view of the above, this court is satisfied that the petitioner has
succeeded in proving that the deceased had executed the will dated
31.01.2016 in sound deposing mind. Both the witnesses, namely, Mr.
Manmohan Singh Soni and Mr. Sujeet Dhar Dubey to the will, had
identified their signatures and have stated that they were present when the
deceased affixed her signature on the said will.
12. In view of the aforementioned facts and documents, the present
petition is allowed. As the petitioner is the sole executor of the said will, I
grant probate to the will dated 31.01.2016 duly executed by Late Mrs.
Gurdeep Kaur Soin in favour of the petitioner, subject to the petitioner filing
the requisite Court fee in terms of the valuation report and execution of
administration and surety bond in accordance with law.
13. No orders as to cost. Petition is disposed off in above terms. All
pending applications, if any, also stands disposed of.
JAYANT NATH, J
APRIL 15, 2019/ss
Corrected and released
on 10.05.2019
