Delhi High Court
Dr Vijay Arora vs State Govt Of Nct Of Delhi on 23 May, 2023
Neutral Citation Number: 2023:DHC:3534
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 18.04.2023
Date of decision: 23.05.2023
+ TEST.CAS. 15/2022
DR VIJAY ARORA ..... Petitioner
Through: Ms.Seema Seth, Adv.
versus
STATE GOVT OF NCT OF DELHI ..... Respondent
Through: Mr.Divyam Nandrajog, Panel
counsel, GNCTD with
Mr.Mayank Kumar, Adv. for
R1.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
1. The present petition has been filed by the petitioner under
Section 276 of the Indian Succession Act, 1925 (herein referred to as
the 'Act') seeking grant of Probate/Letters of Administration of the
Will dated 02.09.2012 and Holographic Codicil dated 31.03.2018
inscribed on the reverse, left behind by Dr. (Mrs.) Santosh Chawla
(hereinafter referred to as the 'Testatrix')
2. It is alleged that the Testatrix ordinarily resided at E-338, East
of Kailash, New Delhi-110065, and passed away on 24.08.2021. She
was pre-deceased by her husband, Justice Tejinder Pal Chawla, who
passed away on 17.10.2006. It is stated that the subject Will and
Codicil have been executed by the Testatrix at New Delhi.
3. The Testatrix has not left behind any Class I Legal Heir. Dr.
Daljeet Kimberley Chawla is her Class II Legal Heir, being the
daughter of her deceased husband's deceased brother. The petition is
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:24.05.2023
Neutral Citation Number: 2023:DHC:3534
accompanied with her affidavit giving her No Objection to the grant
of Letters of Administration to the petitioner.
4. The petitioner is the named executor and one of the
beneficiaries of the subject Will and Codicil.
5. It is further stated that during her lifetime, the Testatrix had
executed the subject Will and the Codicil in respect of her moveable
and immoveable properties, in the presence of two Attesting
Witnesses, as mentioned hereinbelow:
a) HMJ (Retired) Sudershan Kumar Misra
b) Sh. Manjit Singh
6. The petitioner, in paragraph 5 of the petition, also gives the
details of the immoveable and moveable properties of the Testatrix
annexed as Schedule I. In the same paragraph, the petitioner has also
given the liability of the Testatrix payable to the Government of India
towards Income Tax payable for the Assessment Year 2021-2022
amounting to Rs. 94,900/-, which is annexed as Schedule II.
7. By the order dated 08.02.2022, notice was issued in the present
petition. Citation was also directed to be published in 'The Statesman'
(English Version) and in 'Navbharat Times' (Hindi Version).
Citations were duly published on 14.03.2022.
8. No objections have been filed to the petition.
9. The valuation report in respect of the property bearing no. E-
338, East of Kailash, New Delhi has been filed by the respondent no.
1 on 02.08.2022.
10. The petitioner in support of his case has examined four
witnesses.
11. The petitioner examined himself as PW1. His affidavit by way
of evidence was tendered on 14.11.2022. Apart from stating the facts
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:24.05.2023
Neutral Citation Number: 2023:DHC:3534
and averments made in the petition, the petitioner has proved the
following documents: -
a) Copy of the Will dated 02.09.2012 executed by Dr. (Mrs.)
Santosh Chawla (Ex. P-1)
b) Copy of the Codicil dated 31.03.2018 executed by Dr. (Mrs.)
Santosh Chawla (Ex. P-2)
c) Copy of the Death Certificate of Late Justice Sh. Tajinder Pal
Singh Chawla (Ex. P-3)
d) Copy of Letter dated 13.12.2021 to HDFC Bank, Greater
Kailash, New Delhi (Ex. P-3)
e) Copy of the Reply dated 18.12.2021 by HDFC Bank, Greater
Kailash, New Delhi (Ex. P-4)
f) Affidavit of No-Objection by Dr. Daljeet Kimberley Chawla
(Ex. P-5)
g) Copy of Valuation Report filed by the respondent in respect of
Schedule I of immoveable assets (Ex. P-6)
h) Copy of Death Certificate of Dr. (Mrs.) Santosh Chawla from
the official website of South Delhi Municipal Corporation (Ex.
P-7)
12. PW-2, HMJ (Retired) Sudershan Kumar Misra, is the Attesting
Witness, who was examined through VC, and has approved the Will
dated 02.09.2012 (Ex.P-1) and Codicil dated 31.03.2018 (Ex.P-2)
inscribed on the reverse, and has identified the signature of the
Testatrix, his own signatures, and the signature of Mr. Manjit Singh,
the other Attesting Witness, on the subject Will and Codicil and
further stated that the Testatrix, himself and Mr. Manjit Singh signed
the Will and the Codicil in presence of each other.
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:24.05.2023
Neutral Citation Number: 2023:DHC:3534
13. PW-3, Mr. Manjit Singh, the second attesting witness, has filed
evidence by way of affidavit and his statement has also been recorded
on 13.12.2022. He has corroborated the testimony of PW-2.
14. Mr. Raj Kumar, Personal Banker in HDFC Bank, DP Services
was examined as PW-4 on 17.02.2023 The witness brought the record
of the accounts in the name of the Testatrix, Ex. PW4/B and Ex.
PW4/C.
15. From the evidence, it is proved that the Testatrix, Dr. (Mrs.)
Santosh Chawla, died on 24.08.2021. Her Death Certificate is
exhibited as Ex.P-7. The subject Will and Codicil has been proved
through the Attesting Witnesses, HMJ (Retired) Sudershan Kumar
Misra (PW2) and Mr. Manjit Singh (PW3).
16. Accordingly, the petition is allowed in favour of the petitioner.
Subject to the petitioner filing the requisite Court Fees, Letters of
Administration are granted in favour of the petitioner in respect of the
Will dated 02.09.2012 (Ex.P-1) and Holographic Codicil dated
31.03.2018 (Ex.P-2) inscribed on the reverse, left behind by Dr. (Mrs.)
Santosh Chawla.
17. The petitioner is granted liberty to apply for the original
documents filed in the petition.
NAVIN CHAWLA, J
MAY 23, 2023
KP
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:24.05.2023
