Delhi High Court
Ashok Singhal vs State Nct Of Delhi & Ors. on 25 January, 2021
$~13 (original side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 41/2019 & I.A. 9232/2020
ASHOK SINGHAL ..... Petitioner
Through: Mr. Vikram Pradeep, Adv.
versus
STATE NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Nirmal Goenka, Adv. for
R-2 and R-3
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
J U D G M E N T (ORAL)
% 25.01.2021
1. By this petition, the petitioner seeks grant of Letters of
Administration, in order to enable the petitioner to administer the
estate of late Dr. N.C. Singhal, his father, consequent to a Will, dated
12th May, 1991, executed by Dr. Singhal (hereinafter referred to as
"the Testator"), who expired on 20th November, 2004.
2. Mrs. Premwati Singhal, the mother of the petitioner and wife of
the Testator, expired on 27th October, 2017. The Testator is stated to
be survived by the petitioner, his two brothers Mr. Prakash Chand
Singhal and Mr. Tara Chand Singhal, who are impleaded as
Respondent Nos. 2 and 3 herein and his sister Veena Gupta, who is
impleaded as Respondent No. 4.
3. It is stated that, initially, an unexecuted Will dated 4th October
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:26.01.2021
14:12:09
2004 was discovered by the petitioner and respondents, consequent to
the death of the testator, and that they had informally agreed to abide
by the covenants thereof. Later, however, the petitioner and
Respondent Nos. 1 and 2 came in possession of an executed Will
dated 12th May, 1991, of the Testator, in respect whereof, the present
petition has been filed.
4. The Will was executed in the presence of Mr. Satish Chand
Aggarwal and Mr. R.P. Agrawal, witnesses, who had also appended
their signatures thereto. This, it is stated, was the last Will and
testament of the Testator.
5. Respondent No. 4 is stated to have demurred, qua devolution of
one particular property of the Testator, being C-115, Greater Kailash-
I, New Delhi-110048. It is asserted that this property was the self
acquired property of the Testator, purchased under a registered sale
deed dated 6th September, 1997.
6. The original of the Will dated 12th May, 1991, as well as the
registered Sale Deed dated 6th September, 1997, have been placed on
record.
7. It is further asserted that the Testator was in sound health and of
sound disposing mind at the time of execution of the Will dated 12th
May, 1991. Under the said Will, the property at C-115, Greater
Kailash-I, New Delhi-110048, inter alia, was bequeathed to the
petitioner. The status of the various properties has been provided, in a
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:26.01.2021
14:12:09
tabular form, in para 9 of the petition, which may be reproduced thus:
"Sr. Description of Assets/Property Status
No.
1. Agricultural Land/Plot at Pirthala, Yet to be
Tehsil Palwal administered
2. C-115, Greater Kailash-I, New Yet to be
Delhi-110048 administered
3. Plot in Green Field Colony Disposed of by
situated in District-Faridabad Testator during
his lifetime
4. 9 FDRs for Rs 5000/- each for
each Grandchild.
5. Cash Deposits& Investments Disposed of
between
the Legal Heirs
in
accordance
with the
unsigned/unex-
ecuted"
8. The petition has been verified by the executors of the Will and
their affidavits have been attached to the petition.
9. As a beneficiary to the aforesaid Will, the petitioner seeks
Letters of Administration, to administer the estate of the Testator in
terms thereof.
10. The petition prays thus:
"In view of the above narrated facts and circumstances, the
Petitioner most humbly pray to this Hon'ble Court:
a) To grant Letters of Administration of Will dated
12.05.1991 with respect to the estate of Late Dr. N.C
Singhal in favour of the Petitioner enabling the
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:26.01.2021
14:12:09
Petitioner to administer the estate of the Testator.
and/or.
b) Pass any such other reliefs as this Court may
deem fit and proper in the facts and circumstances of
the present case to meet the ends of justice."
11. Notice was issued, in the present petition, on 29th May, 2019
and citations were directed to be published. Valuation reports were
also called for from the concerned Sub-Divisional Magistrates
(SDMs).
12. On 21st November, 2019, it was observed, by the court, that
Respondent Nos. 2 and 3 did not oppose the petition. As there was a
discrepancy with respect to one of the properties of the Testator, the
petitioner was directed to file an amended Schedule-A, qua the said
property, in respect whereof, fresh notice was issued to the SDM for
providing the valuation report.
13. Vide order dated 19th December, 2019, the Joint Registrar
(Judicial) closed the right of Respondent No. 4 to file written
statement and, vide subsequent order dated 25th February, 2020,
passed by the Court, Respondent No. 4 was set ex-parte. The same
order allowed the original Will to be filed in a sealed cover.
14. Respondent Nos. 2 and 3 filed affidavits in evidence, stating
that they have no objection to grant of Letters of Administration in
favour of the petitioner, in terms of the Will dated 12th May, 1991.
Signature Not Verified
15. As the petition was uncontested, this Court, vide order dated
By:SUNIL SINGH NEGI
Signing Date:26.01.2021
14:12:09
25th February, 2020, directed the parties to file list of witnesses within
two weeks and affidavit of evidence of the witnesses, whose evidence
they sought to lead within two weeks thereof.
16. The subsequent order dated 10th November, 2020, of the learned
Joint Registrar (Judicial), records that all the documents of the
petitioner were admitted, by Respondent Nos. 2 and 3, and were,
accordingly, exhibited as Ex. P-1 to Ex. P-5. The petitioner also
admitted three of the documents of the Respondent Nos. 2 and 3
which were exhibited as Ex. R-1 to R-3.
17. PW-1 to PW-3 were examined, before the learned Joint
Registrar (Judicial), on 19th November, 2020. The no objections of
Respondent Nos. 2 and 3 were also recorded, in court, by the Joint
Registrar (Judicial), on 19th November, 2020 and 1st December, 2020
respectively.
18. As such, this is an uncontested case, for grant of Letters of
Administration. The original Will has been filed in this Court. The
manner in which the late testator has come into possession of the
property is also manifested by the sale deed which has also been filed
in this Court.
19. Respondent No. 4 has been set ex-parte and Respondent Nos. 2
and 3 do not oppose the grant of Letters of Administration to the
petitioner.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:26.01.2021
14:12:09
20. As such, Letters of Administration, to enable the petitioner to
administer the estate of the deceased testator in terms of the Will dated
12th May, 1991, are granted.
21. The valuation reports of the property in question, placed on
record by the concerned SDMs, are accepted. The petitioner would be
liable to pay stamp duty on the basis of the valuation of the property as
reflected therein.
22. The petition stands allowed in the aforesaid terms. Pending
applications, if any, also stand disposed of.
C. HARI SHANKAR, J.
JANUARY 25, 2021
dsn
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:26.01.2021
14:12:09
