Delhi High Court
Vishal Gupta vs Government Of Nct Of Delhi & Ors. on 17 November, 2021
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Delivered on: 17th November, 2021
+ TEST.CAS. 46/2021
VISHAL GUPTA ..... Petitioner
Through : Mr.Hrishikesh Baruah and
Mr.Pranav Jain, Advocates.
versus
GNCT OF DELHI & ORS. .....Respondents
Through : Mr.Hariom Gupta and Ms.Sukriti
Gupta, Advocates for R2, 3 & 4.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J. (Through Video Conferencing)
1. This petition is filed for grant of probate of a Will dated
30.07.2020, duly signed and executed by Late Mr.Raj Kumar, the
deceased father of the petitioner herein.
2. It is the case of the petitioner the Will dated 30.07.2020 is the last
Will and testament of his late father, Late Mr.Raj Kumar. The Family
Tree of Late Mr.Raj Kumar (depicting all the Class I Legal Heirs) is
mentioned in Para 3 of the petition. In the Will dated 30.07.2020 Late
Mr.Raj Kumar has bequeathed all the properties mentioned in the Will
dated 30.07.2020 in favour of his wife namely Smt.Bhagawati Devi/R2
and he made the petitioner, his son, an executor of the Will.
3. The testator and his wife/R2 had 4 children viz., the petitioner
herein; Late Mr.Vikas Gupta, an unmarried son who predeceased on
TEST.CAS. 46/2021 Page 1 of 4
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:18.11.2021 14:21
05.03.2006 without any issues; Late Ms.Padmini Gupta, who
predeceased on 11.08.2016 leaving behind her husband who is
respondent No.3(a) and their minor daughter who is arraigned as
respondent No.3(b) as well as the second daughter namely Ms.Jaishree
Minda viz. respondent No.4.
4. The respondent No.2, the mother of the petitioner and respondent
No.4, sister of the petitioner have given their no objection to the grant of
probate per their affidavits filed on record. Mr.Prashant Garg/R3(a),
husband of Late Padmini Gupta, the deceased sister of petitioner has also
given his no objection to the grant of probate not only for self but also on
behalf of his minor daughter. The said affidavits are on record.
5. There are two attesting witnesses to the Will, a) petitioner himself
and b) his cousin sister Ms.Khushboo Agarwal. Their affidavits are
annexed in the list of documents along with the death certificate dated
05.11.2020 of Late Mr.Raj Kumar.
6. I have perused the affidavits of Smt.Bhagawati Devi/R2;
Mr.Prashant Garg/R3(a); two affidavits of Mr.Prashant Garg as well as
his minor daughter; affidavit of petitioner; affidavit of Ms.Jaishree
Minda/R4 and of Ms.Khushboo Agarwal, an attesting witness.
7. The citation was issued in the newspaper 'The Statesman'
(English), Delhi Edition dated 13.07.2021.
8. The evidence affidavits of the petitioner as also of Ms.Khushboo
Agarwal are on record. In his affidavit, the petitioner has deposed he is
an executor of the last Will and Testament dated 30.07.2020 of his late
TEST.CAS. 46/2021 Page 2 of 4
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:18.11.2021 14:21
father, Late Mr.Raj Kumar. He has disclosed the Family Tree in para 3 of
the affidavit showing all the Class I Legal Heirs of his late father Late
Mr.Raj Kumar. He has deposed the entire property goes to his mother
namely Smt.Bhagawati Devi/R2 as per the Will dated 30.07.2020 of his
late father Mr.Raj Kumar. He further deposed in pursuance of executing
his Will, his father had called him and Ms.Khushboo Agarwal, his niece
to witness the execution of the Will and append their signatures as a
token of witnessing the execution thereof.
9. He has deposed on 30.07.2020 when he reached the room the Late
Mr.Raj Kumar, he had already got the Will prepared and he read the
same and executed it in the presence of both the attesting witnesses. Late
Mr.Raj Kumar signed the Will at all pages except page No.2 due to
inadvertence; thereafter, the petitioner and Ms.Khushboo Agarwal signed
the Will as witnesses in the presence of the testator and in presence of
each other.
10. The Will has been perused as exhibit PW1/A. The original death
certificate of Late Mr.Raj Kumar is proved as exhibit PW1/B.
11. The affidavit of respondent No.2, the mother of the petitioner has
been proved as exhibit PW1/C; the affidavit of Mr.Prashant Garg is
proved as exhibit PW1/D; the affidavit of Ms.Raghvi Garg as exhibit
PW1/E; the affidavit of respondent No.4/Ms.Jaishree Minda as exhibit
PW1/F; the affidavit of Ms.Khushboo Agarwal, his cousin as exhibit
PW1/G; his own affidavit in support of the probate petition as exhibit
PW1/H; the citation as exhibit PW1/I.
12. Ms.Khusbhoo Agarwal, another attesting witness has also deposed
TEST.CAS. 46/2021 Page 3 of 4
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:18.11.2021 14:21
as PW2 in the similar manner as was deposed by the petitioner qua
attestation of the Will dated 30.07.2020.
13. Considering the probate petition, the affidavits of all the
respondents, of the petitioner and of the attesting witnesses; including the
exhibits, I am of the considered opinion there is no impediment in the
grant of probate to the Will dated 30.07.2020 of Late Mr.Raj Kumar, he
being the ordinary resident of Delhi.
14. In the circumstances, the probate is granted to the Will dated
30.07.2020 and the petitioner is appointed as an executor of the said Will.
15. Registry to issue the letter of administration without Will annexed,
on paying the requisite stamp duty etc per valuation of properties stated
in Schedule-A of Rs.24,95,16,000/- and also upon their furnishing
administration bond and surety bond.
16. In view of above, the petition and pending application stands
disposed of.
YOGESH KHANNA, J.
NOVEMBER 17, 2021
R
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:18.11.2021 14:21
