Delhi High Court
Mrs. Geeta Dutta Goel vs The State & Ors on 21 November, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 21st November, 2019
+ TEST. CAS. 46/2018
MRS. GEETA DUTTA GOEL ..... Petitioners
Represented by: Mr. A. K. Tewari and Mr. Tushar
Upreti, Advocates.
versus
STATE AND ORS. ..... Respondent
Represented by: Mr. Vikramaditya, Advocate for
Respondent No.s 2 to 5.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
1. By the present petition, the petitioner seeks grant of probate on the basis of
the Will dated 17th October 2000 in relation to the estate of Late Dr. Mrs. Sneh
Prabha Gupta in favour of the petitioner.
2. Briefly stated, the deceased, died on 27th June 2013 bequeathing her estate in
favour of the petitioner. Petitioner and Respondent No. 5 are the daughters of the
deceased whereas Respondent No. 4 and Respondent No. 3 are her son and
husband respectively. Respondent No. 2 is Indian Railway Welfare Organization.
3. Respondent No. 3, 4 and 5 executed their relinquishment deeds dated 13th
and 18th January 2014 with respect to the immoveable estate of the deceased.
4. Respondent No. 2 society developed a group housing complex at Aravali
View Rail Vihar, Phase-II, Sector-56 Gurgaon and allotted a Type IV Flat No. 1-
B, First Floor, Block-17 in the said scheme to Lt. Dr. Mrs. Sneh Prabha Gupta
who vide registered Will dated 17th October 2000 bequeathed the same in favour
of petitioner.
5. Further, on the basis of registered Will of the deceased, the petitioner vide
letters dated 11th July 2016 and 12th July 2016 requested Respondent No. 2 to
transfer the allotment and ownership of the abovementioned immoveable estate
of the deceased in terms of their rules of allotment known as IRWO General
Rules. Subsequently, vide letter dated 18th July 2016 Respondent No. 2 in
response to letters of the petitioner directed her to seek probate of aforesaid Will.
6. In order to seek probate of the said Will, the petitioner filed a probate
petition before Hon'ble ADJ Patiala House Court, New Delhi where Respondent
No. 2 to 5 entered appearance and filed their respective written statements giving
their no-objection to the claim of petitioners. The probate petition was withdrawn
pursuant to order dated 4th September 2017 with a leave to file the same before
this Hon'ble Court on the ground that the property for which probate was sought
was located in Gurgaon, being outside the territorial jurisdiction of Hon'ble ADJ
Patiala House.
7. The valuation report was filed in respect of Property bearing Type IV Flat
No. 1-B, First Floor, Block-17 Aravali View Rail Vihar, Phase-II, Sector-56
Gurgaon by the Thesildar, Wazirabad, District Gurugram whereby as per the
Collector Rate for the year 2019-2020, the said property was valued @ ₹3,600
per sq. ft.
8. In view of facts noted above, there is no impediment in granting the relief of
probate as claimed in the petition. The petitioner being the beneficiary under the
said Will which is proved to have been executed validly by the testator Mrs.
Geeta Dutta Goel, in absence of proof to the contrary.
9. Accordingly, probate with respect to Will dated 17th October 2000 of Late
Dr. Mrs. Sneh Prabha Gupta, is granted in favour of the petitioner in respect of
the immovable property left behind by the deceased as mentioned, subject to the
requisite court fees/stamp duty being furnished in accordance with the valuation
report and upon submission of administration bond and surety, in accordance
with law, to the satisfaction of the Registrar General of this Court.
10. Petition is disposed of.
11. Matter be listed before the Registrar General for payment of requisite court
fees in respect of the abovementioned movable property of the deceased and for
acceptance of the administration bond and surety bond on 10th December, 2019.
(MUKTA GUPTA)
JUDGE
NOVEMBER 21, 2019
