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2002 DIGILAW 1039 (DEL)

MADAN MEHTA v. STATE OF DELHI

2002-08-02

SHARDA AGGARWAL

body2002
SHARDA AGGARWAL ( 1 ) THE petitioners being the the executors of of the will have filed the present petition under Section 276 of the indian Succession Act and for grant of probate with resect to the estate of Smt. D. A. Shahani @ Lalri Shahani, wife of late Lt. Col. J. N. Shahani, who died on 31st may, 2001, on the basis of her will dated 5th january, 1991. ( 2 ) THE testatrix Smt. D. A. Shahani left her last will and testament dated 5th January, 1991 bequeathing her entire moveable and immovable assets in favour of radha Soami Satsang, Beas (in short the Satsang), a society registered under the Societies Registration Act, of which she was a deciple. Her husband died in or about 1955 and there was no issue from the marriage. Her only legal heir is her sister Smt. Renu Thadani, who has filed her No Objection Certificate to the grant of probate in favour of the petitioners. ( 3 ) NOTICE of the petition was issued to the State and the relations/respondent through publication in the newspaper statesman and by displaying the notice on the notice board. Notice was also issued to the Chief revenue Controlling Authority for valuation report. Respondent No. 2 Shri V. K. Sethi was reported to have expired after filing of the petition. Shri V. K. Sethi was one of the executors named in the will and was only impleaded as a proforma respondent and no relief was claimed against him. The petitioners are also the named executors of the will . Since there was no opposition to the petition, evidence was taken by way of affidavits. Petitioner No. 2, Shri Pramod Ahuja. , Shri Sewa Singh and shri Bul Chand Vishain Dass Navin, attesting witnesses of the will have filed their respective affidavits by way of evidence. ( 4 ) SHRI Pramod Ahuja has testified that he had been associated with the testatrix for the last more than 25 years. The deceased, being the devotee of Satsang, had executed the "will dated 5th January, 1991 in the presence of one Shri S. L. Sondhi, the then Secretary of the Satsang and the will was witnessed by Shri Bul chand Vishain Dass Navin as well as Shri Sewa Singh, who is the present Secretary of the Satsang. The deceased, being the devotee of Satsang, had executed the "will dated 5th January, 1991 in the presence of one Shri S. L. Sondhi, the then Secretary of the Satsang and the will was witnessed by Shri Bul chand Vishain Dass Navin as well as Shri Sewa Singh, who is the present Secretary of the Satsang. The deponent, being acquainted with the signatures of the deceased, identified her handwriting and that of the attesting witnesses Shri Sewa Singh and Shri Bul Chand Vishain Dass navin. The original will has been proved as Exhibit p-1. Shri Pramod Ahuja has also proved the identity card of the deceased issued by the Election Commission as exhibit PW-1/1. He also proved the deceased s PAN Card as Exhibit PW-1/2. The house tax receipt pertaining to house No. C-392, Defence Colony, New Delhi, owned by the deceased, is Exhibit PW-1/3. The Death Certificate of the testatrix in Gurmukhi is Exhibit PW-1/4, whereas english translation has been proved as Exhibit PW-1/5. she had died at Amritsar as she generally stayed at 8-31, dera Baba Jaimal Singh, Radha Soami Satsang Beas, district Amritsar being a devotee. The testatrix had moveable assets, as detailed in Schedule-II attached to the affidavit and has been proved as Exhibit PW-1/6. ( 5 ) TO the same effect are the affidavits of Shri sewa Singh and Shri Bul Chand Vishain Dass Navin. Both of them were attesting witnesses to the "will . They have testified that on 5th January,1991, the testatrix had Signed the "will" in their presence and in the presence of Shri S. L. Sondhi (since died ). They have also deposed that they had also signed the will" as attesting witnesses alongwith Shri S. L. Sondhi in the presence of the testatrix and the testatrix had signed in their presence. They have also deposed that at the time of execution of the "will", the testatrix was in a sound disposing state of mind and she was in perfect health. ( 6 ) IN view of the averments made in the petition and the deposition by way of affidavits of the witnesses, it is abundantly clear that there was no opposition to the petition. The averments made in the petition stand proved by virtue of the deposition. ( 6 ) IN view of the averments made in the petition and the deposition by way of affidavits of the witnesses, it is abundantly clear that there was no opposition to the petition. The averments made in the petition stand proved by virtue of the deposition. In view of the deposition of the witnesses, I am satisfied that at the time of execution of the "will", the testatrix Smt. D. A. Shahani was of sound disposing mind and had executed the "will" in the presence of the attesting witnesses and the attesting witnesses had signed the same in the presence of the testatrix. Both the petitioners are named executors in the will and as such there is no bar in grant of probate in their favour. ( 7 ) IN view of my above discussion, I find that the petition stands proved. The same is accordingly allowed. The probate of the "will" is granted in favour of the petitioners with regard to the properties mentioned in the will" including the moveable properties shown in schedule-II (Exhibit PW-1/6), subject to the petitioners furnishing administration bond of the requisite value. ( 8 ) WITH these observations, the petition stands. disposed.