Delhi High Court
Vijay Singhania vs State Of Nct Of Delhi & Ors. on 24 January, 2022
$~2 (2020)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24.01.2022
+ TEST.CAS. 27/2020
VIJAY SINGHANIA ..... Petitioner
Through Mr. Arjun Singh Bawa, Adv.
versus
STATE OF NCT OF DELHI & ORS. .... Respondents
Through Ms. Sonali Chopra, Adv. for
respondent Nos. 2 to 4
Respondent No.5 already proceeded
ex parte
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (oral)
The hearing has been conducted through video conferencing.
1. The present petition was filed by the petitioner/executor (appointed by
the Testator) under Section 276 of Indian Succession Act, 1925 read with
Section 151 of Code of Civil Procedure, 1908 seeking grant of a Certificate
of Probate in respect of the Last Will and Testament dated 18.03.2019 of
late Mr. Vijay Goel.
2. The present petition has been filed by the petitioner on behalf of
Testator, who passed away on 23.06.2019 after suffering from chronic
kidney disease V. The testator executed his Will and Testament dated
18.03.2019 prior to his demise with regard to his assets, including moveable
and immoveable properties, which was witnessed by two independent
witnesses, however, the testator passed away without registering the
aforesaid Will. Therefore, after demise of Testator, as per Section 40 of the
Registration Act, 1908, the wife of testator, i.e. respondent No.2, presented
the said Will before the Sub Registrar, SR V A, Hauz Khas, New Delhi for
registration and the same was registered on 13.12.2019 in presence of two
witnesses. At the time of demise, the testator was survived by the Class I
legal heirs, i.e. respondent Nos.2 to 5.
3. Learned counsel for petitioner submits that the aforesaid Will and
Testament dated 18.03.2019 accurately describes the immovable and
movable properties left behind by the testator. A Family Settlement dated
09.09.2016 was entered into between the testator, respondent No.5 who is
mother of testator and his brother, namely, Mr. Ajay Goel, wherein they
agreed to divide the moveable and immoveable assets among themselves as
mentioned in the said Settlement.
4. Petitioner has also placed on record affidavits of Ms.Pallavi
Singhania, wife of petitioner (PW-1) and affidavit Ms. Ruchi Gupta (PW-2)
who are the attesting witnesses to the Will and Testament dated 18.03.2019.
In their affidavits, these witnesses have categorically stated that the Testator
died on 23.06.2019 and prior to his death, he had executed a Will and
Testament dated 18.03.2019 in their presence. They have also stated that
they were present before the Sub Registrar SR V A Hauz Khas, New Delhi,
when the aforesaid Will & Testament was registered on 13.12.2019.
5. Learned counsel appearing on behalf of respondents No.1 to 4 have
submitted that there is no objection if the present petition is allowed.
6. Pertinently, in the present petition, respondent No.1 is the State;
respondents No.2 to 5 are the Class -I legal heirs of deceased Testator.
Respondents No.2 is the wife; respondents No.3 & 4 are two sons of
deceased Testator, who have filed "No Objection Certificate" to the present
petition. Respondent No.5 is the mother of the Testator, who was proceeded
ex parte vide order dated 26.10.2021. It is also clear that Mr. Vijay Goel had
executed the said Will and Testament dated 18.03.2019 voluntarily and in
deposing state of mind and he had appointed the petitioner as the Executor
of his Will. The details of properties of the Testator are mentioned in Para-
10 to 10.23.2 and valuation report in respect thereof has also come on
record. Hence, the present petition is allowed.
7. On furnishing the necessary court fees, execution of administration
and surety bond, Registry is directed to issue Certificate of Probate in
respect of Will and Testament dated 18.03.2019 of late Mr. Vijay Goel in
respect of his properties /assets as mentioned therein.
8. With aforesaid directions, the present petition is accordingly disposed
of.
(SURESH KUMAR KAIT)
JUDGE
JANUARY 24, 2022
rk
