Delhi High Court
Shri Rahul Sofat vs The State (Nct Of Delhi) on 28 January, 2019
20
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 101/2015
SHRI RAHUL SOFAT ..... Petitioner
Through: Mr. Ravi Varma, Advocate
Versus
THE STATE (NCT OF DELHI) ..... Respondent
Through: None
% Date of Decision: 28th January, 2019.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present petition has been filed under Section 278 of the Indian
Succession Act, 1925, for grant of Letters of Administration of Will dated
05th April, 2005 with respect to the immovable properties of deceased Smt.
Raj Mehta, daughter of Late Sh. R.S. Mehta, which are situated outside
Delhi in Himachal Pradesh and Haryana.
2. It is stated in the petition that the petitioner is the nephew of the
testatrix Late Smt. Raj Mehta who expired on 25th April, 2005, in Haryana.
The deceased is stated to have executed a registered Will dated 05th April,
2005, which was duly attested by Mr. S.R. Mittal and Mr. R.P. Singh.
TEST.CAS.101/2015 page 1 of 4
3. It is stated that the deceased has left behind three Class-II legal heirs,
Ms. Neelu Sofat i.e. her niece, and her two nephews, Dr. Rajesh Sofat and
Mr. Rahul Sofat i.e. the petitioner.
4. In the petition, the deceased is stated to be the sole owner of the
following assets/estates:-
a. DDA Plot No.79, Pocket-5, Sector-22, Rohini, Delhi-110085;
b. Plot at Badarpur, Ponta Sahib, Himachal Pradesh;
c. Shop in Anaj Mandi, Khizaribad, Distt. Yamuna Nagar, Haryana;
d. Plot of land at Khizrabad, Haryana;
e. 50% ownership right in Stone Crusher named M/s Mehta Stone
Crusher with accessories at Doiwala in Yamuna Nagar, Haryana;
f. FDRs NO.822400, 822401 with SBI, Ponta Sahib, H.P;
g. Any other bank account, FDR, Shares or other Movable or
immovable property that may be found;
5. The petitioner had filed a probate petition bearing P.C. No. 15/2010 in
the Court of District Judge, Karkardooma Courts, Delhi, as one of the
properties bequeathed in the said Will was situated in Delhi.
6. The court of Shri Surinder Kumar Sharma, ADJ, Karkardooma Court,
Delhi, granted Letters of Administration vide judgment dated 18th
November, 2013 in favour of the petitioner with respect to the only property
situated at Delhi. The said judgment is exhibited as PW-1/8.
7. Notice was issued in the present petition on 20th November, 2015.
Vide order dated 20th November, 2015 citation had been published in the
newspaper „Statesman‟ English Edition and „Jan Satta‟ Hindi Edition. Since
the properties are also situated in Himachal Pradesh and Haryana, vide order
dated 24th February, 2016 the citation was also published in „Tribune‟
TEST.CAS.101/2015 page 2 of 4
English Edition and „Naya India‟ Hindi Edition, having circulation in
Yamuna Nagar (Haryana) and Ponta Sahib (Himachal Pradesh). No
objections have been received after publication of the citation. Notice was
duly served on the State and valuation reports have been filed by the State.
8. The other two surviving heirs of the testatrix i.e. nephew, Dr. Rajesh
Sofat and niece, Ms. Neelu Sofat have filed their "No Objections" supported
by an affidavit.
9. Mr. Rahul Sofat, petitioner and nephew of Late Smt. Raj Mehta,
petitioner has filed his affidavit by way of evidence which has been
exhibited as Ex. PW1/X. It has been stated by the petitioner in his affidavit
that the Testatrix executed the Will out of her own freewill and consent and
was in her full senses and sound disposing mind at the time of signing the
said Will which was duly executed by her in the presence of the witnesses. It
is further stated that the Testatrix expired on 25th April, 2005, in Haryana
leaving behind her last Will and testament dated 05th April, 2005. The
petitioner has proved the certified copy of Death Certificate of the Testatrix
being Ex.PW-1/3.
10. The petitioner has filed an affidavit for additional evidence which has
been exhibited as Ex. PW1/Y for bringing on record the death certificate of
both the attesting witnesses to the Will. Vide Order dated 03rd October,
2018, an I.A. No. 10915/2018 was allowed and the petitioner was permitted
to lead secondary evidence by examining additional witnesses named in the
additional list of witnesses.
11. Mr. Vinay Kumar Mittal son of Late Mr. S.R. Mittal, has filed his
affidavit dated 08th August, 2018 and the same is exhibited as Ex.PW3/A.
12. This Court is of the opinion that it has the territorial jurisdiction to
TEST.CAS.101/2015 page 3 of 4
grant letters of administration with respect to the remaining properties
bequeathed under the said Will as the deceased, Smt. Raj Mehta, had a fixed
place of abode in Delhi and was residing with the petitioner till her death.
Also one of the immovable properties bequeathed by the said Smt. Raj
Mehta in her above mentioned Will is situated in Delhi, within the territorial
jurisdiction of this Court. Hence, this Court has the jurisdiction to entertain
the present petition and grant letters of administration with respect to the
Will of Smt. Raj Mehta with respect to the properties situated outside the
territory of Delhi.
13. In view of the aforesaid, in particular the judgment dated 18th
November, 2013 passed by the Additional District Judge, East District,
Karkardooma Courts, Delhi in P.C. No. 15/2010, the Court is satisfied that
the petitioner has succeeded in proving the testatrix Late Smt. Raj Mehta
had executed the Will dated 05th April, 2005 and the said Will was her last
will and testament.
14. Consequently, the present petition is allowed and the Letters of
Administration is issued in favour of the petitioner enabling him to
administer the estate of deceased Late Smt. Raj Mehta, 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.
15. List before Joint Registrar on 6th March, 2019 for determination of
Court fees to be paid.
MANMOHAN, J
JANUARY 28, 2019
js/as
TEST.CAS.101/2015 page 4 of 4
