Delhi High Court
Ashish Gupta vs Government Of Nct Of Delhi & Ors. on 11 November, 2021
$~09
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Delivered on: 11th November, 2021
+ TEST.CAS. 47/2021
ASHISH GUPTA ..... Petitioner
Through : Mr.Hrishikesh Baruah, Advocate
versus
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
Through : Mr.Nishant Das, Advocate for
respondent Nos.2 to 4.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J. (Though Video Conferencing)
1. This is a petition under Section 276 of the Indian Succession Act,
1925 for grant of probate in respect of the last valid and legal Will dated
10.02.2021 of late Shyam Sunder.
2. It is alleged the last Will/testament has been validly executed by
the testator and has been duly registered with the Sub Registrar-V(I),
Delhi. The family tree of deceased Shyam Sunder is given in para No.2
of the petition. He was survived by his wife Urmila Devi/respondent
No.2; his son Ashish Gupta/ petitioner; his daughter Nidhi
Bansal/respondent No.3; and another daughter Neeti
Khandelwal/respondent No.4. It is alleged there is no impediment in
grant of probate in respect of the Will dated 10.02.2021 of deceased
Shyam Sunder as the class I legal heirs of deceased have no objection to
the Will and accepted it and request for grant of probate. The wife of
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Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:15.11.2021 12:26
deceased as also his children who are parties to this petition have no
objection for grant of probate and the bequest granted therein. The
respondents No.2 to 4 have executed and filed their affidavits of no
objection before this Court and have also filed consolidated written
statement wherein they have not raised any objection for grant of probate
in respect of the Will dated 10.02.2021.
3. The Will dated 10.02.2021 is annexed as Annexure A along with
the documents. A bare perusal of the said Will dated 10.02.2021 would
show deceased Shyam Sunder was the sole, absolute and exclusive owner
of the moveable and immovable properties, including 1/3rd of the
property bearing No.21, Sunder Nagar, New Delhi-110003 (hereinafter
referred as subject property) which is bequeathed in favour of the
petitioner herein to an extent of 1/3rd undivided share. The petitioner has
also been appointed executant under the Will dated 10.02.2021. The
schedule I to this petition describes the property as No.21, Sunder Nagar,
New Delhi 110003 to the extent of 1/3rd undivided share with
beneficiary Ashish Gupta/petitioner herein. The deceased Shyam Sunder
was an ordinary resident of this property, hence this Court has the
jurisdiction to entertain this probate petition.
4. I have perused the pleadings, including the affidavits of
respondents No.2 to 4; the evidence so adduced on record, and heard the
submissions made by the learned counsels for parties. The respondents
No.2 to 4 have submitted they have no objection to the grant of probate
in favour of petitioner herein, an executor of the Will dated 10.02.2021 of
deceased Shyam Sunder.
Test Case No.47/2021 2 of 5
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:15.11.2021 12:26
5. The petitioner has led the evidence and the evidentiary affidavits of
both attesting witnesses have been filed on record alongwith his own
affidavit of evidence.
6. PW1 Sunil Gupta, one of the attesting witness deposed he has
witnesseth the Will dated 10.02.2021 - Ex.PW1/A and identified
signatures of the testator Shyam Sunder at points A1 to A4; the
photographs of Shyam Sunder at point A5; his own photograph at point
A6; the photograph of another attesting witness namely Dinesh Gupta at
point A7. He deposed the Will dated 10.02.2021 has been executed by
Shyam Sunder in the presence of both attesting witnesses and they all
have signed the Will in the presence of each other.
7. Similar is an affidavit of the other attesting witness Dinesh Gupta
qua the manner of execution of Will dated 10.02.2021.
8. The affidavit of petitioner - Ashish Gupta has also been placed on
record wherein he states about the contents of the probate petition and
that there exist no impediment for grant of probate since all his relatives,
who are Class I heirs of the testator, have filed their no objections in the
form of affidavits as also by a consolidated written statement. The
petitioner has proved the Will dated 10.02.2021 as Ex.PW1/A; copy of
death certificate of testator as Ex.PW3/A; no objection affidavits of
respondents No.2 to 4 as Ex.PW3/B to Ex.PW3/D respectively.
9. He also deposed that beside respondents No. 2 to 4, there are no
other class I heirs of deceased Shyam Sunder and respondents No.2 to 4
have executed the affidavits/consolidated written statement thereby
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Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:15.11.2021 12:26
accepting the Will dated 10.02.2021.
10. The Citation has been issued in the newspaper Statesman dated
13.07.2021 and none has filed any objection qua the probate petition till
date.
11. Another issue raised before me is qua valuation of the 1/3rd share
of the subject property. In schedule A to the petition, the valuation of
1/3rd share has been shown to be Rs.18,33,19,000/- but the valuation
report qua the entire subject property has been filed by the SDM,
Defence Colony, New Delhi wherein the valuation is assessed, on the
basis of the market circle rate for valuation of land and property under
Section 27 and 47A of the Indian Stamps Act, 1899 per notification
No.F.1(2854)/Regn.Br./Div.Com/HQ/ 2020/5453 dated 26.02.2021 valid
upto 30.09.2021, as Rs.45,24,03,762/-; hence, 1/3rd of same comes to
Rs.15,08,01,254/-, apparently lesser than the valuation done by the
petitioner herein.
12. In view of above, there is no impediment to the grant of probate of
the Will dated 10.02.2021 in favour of petitioner in respect of 1/3 rd
undivided share of property bearing No.21, Sunder Nagar, New Delhi -
110003. Thus the petitioner is appointed as an executor of the Will dated
10.02.2021.
13. Registry to issue the probate in respect of the Will dated
10.02.2021 Ex.PW1/A annexed to petition, on paying the requisite stamp
duty etc. on the share that goes in favour of the petitioner herein and
upon furnishing administration bond and surety bond.
Test Case No.47/2021 4 of 5
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:15.11.2021 12:26
14. The application for return of original documents may be moved by
petitioner upon completion of formalities.
15. In view of above, the petition stands disposed of. Pending
application, if any, also stands disposed of.
YOGESH KHANNA, J
NOVEMBER 11, 2021
M
Test Case No.47/2021 5 of 5
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:15.11.2021 12:26
