Delhi High Court
Anil Kumar Khanna vs State Of Govt. Of Nct Of Delhi & Ors. on 24 October, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 24th October, 2019
+ TEST.CAS. 45/2019
ANIL KUMAR KHANNA ..... Petitioner
Represented by: Ms.Neha Bhatia, Advocate.
versus
STATE OF GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Represented by: Ms.Shefali Vohra, Advocate for
respondent No.1/State.
Mr. Vinod Khanna, Advocate for
respondent Nos.2, 3, 4, 8 and 9.
Mr.Prakash Chand, Advocate for
respondent Nos.5, 6 and 7.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
1. By the present petition, the petitioner seeks grant of probate/Letters of
Administration of the Will dated 26th August 2010 in relation to immovable
and movable assets of Lt. Sh. Baldev Raj Khanna.
2. Briefly stated, the deceased expired on 23rd September 2014.
Petitioner is the son of the deceased and respondent nos. 8 and 9 are his
daughters. Respondent No. 2 and Respondent No. 5 are the wives of pre-
deceased sons of the deceased that is Lalit Kumar Khanna and Sunil Kumar
Khanna respectively. Respondent Nos. 3 and 4 are the son and daughter of
pre-deceased son Lalit Kumar Khanna. Respondent No. 7 is the son of pre-
deceased Sunil Kumar Khanna.
3. During his lifetime, the deceased executed a Will dated 26th August
2010 and appointed the petitioner as the executor. As per the Will dated 26th
August 2010, the wife of the deceased was given life time interest in the
property bearing no. A-118, Vivek Vihar, Phase-1, Delhi-110095. After the
demise of the wife of the deceased on 19th December 2017 the suit property
bequeathed upon the petitioner and the respondents in the following manner:
i. Ground Floor: Petitioner
iv. Roof: Common
v. Stairs: Common
vi. Outer Side Walk: Common
4. Further as per the Will, all the movable property that is the bank
accounts, fixed deposits and saving cash devolved upon the wife of the
deceased and all the jewellery, fixed deposit and cash in bank were to
remain in absolute possession and utilization of wife of the deceased. After
the death of the wife of the deceased the jewellery was to be divided
amongst the daughters. The fixed deposits were to be given to the nominee
of that account.
5. The signatures of the deceased were attested by the Account manager,
Sh. S. L. Singh, State Bank of Maharastra, Vivek Vihar Branch, Delhi. The
Will of the deceased was also attested by two witnesses namely Lt. Sh.
Gulshan Lal and Sh. Narain Dass. The affidavit of Sh. Narain Dass has been
filed proving the signatures of the deceased on the said Will.
6. As per the valuation report dated 25th September 2019 the net value of
the property has been estimated to be ₹1,64,44,866/-.
7. Respondent Nos. 2 to 9 have filed "No objection" for granting probate
of the will dated 26th August 2010.
8. In view of facts and circumstances, there is no impediment in granting
the relief of letter of administration as claimed in the petition, the petitioner
and the respondents being the beneficiaries under the Will which is proved
to have been executed validly by the testator Lt. Baldev Raj Khanna, in
absence of proof to the contrary.
9. Accordingly, letters of administration with respect to Will dated 26 th
August 2010 of Sh. Baldev Raj Khanna, is granted in favour of the petitioner
and the respondents in respect of the immovable and movable property left
behind by the deceased as mentioned above, 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 immovable and movable
property of the deceased and for acceptance of the administration bond and
surety bond on 29th November, 2019.
(MUKTA GUPTA)
JUDGE
OCTOBER 24, 2019
„SK‟
