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2012 DIGILAW 385 (DEL)

Puran Chand Arora v. State of NCT of Delhi

2012-02-02

MANMOHAN SINGH

body2012
JUDGMENT MANMOHAN SINGH, J. 1. This petition has been filed by the petitioner seeking probate/letters of administration of the Will dated 12.11.2000 executed by Late Sh. Vishwadev Sachdev S/o Late Lala Harichand under Section 278 of the Indian Succession Act, 1925. The case of the petitioner is that Late Sh. Vishwadev Sachdev, resident of 7, Babar Road, Bengali Market, New Delhi died on 16.03.2008 at Pushpanjali Nursing Home, Delhi, at the age of 88 years leaving behind the Will dated 12.11.2000, as his last Will and Testament. 2. Late Sh. Vishwadev Sachdev, appointed Mr. Prithvi Raj Kumar S/o Lata Malak Chand Kumar R/o D-17, NDSE, Part I, New Delhi to be the executor of his Will dated 12.11.2000. However, Mr. Prithvi Raj Kumar passed away on 30.09.2004. A copy of his death certificate is annexed as Annexure “C”. 3. It is stated in the petition that the deceased Sh. Vishwadev Sachdev was issueless and his wife Mrs. Nirmal Sachdev had died on 20.08.1981. The petitioner herein is the real brother of Late Mrs. Nirmal Sachdev and brother-in-law of deceased Sh. Vishwadev Sachdev. The deceased Sh. Vishwadev Sachdev had four brothers but, all of them died before him. He also had two sisters namely, Mrs. Sukesh Prem Nath R/o A-16, Pushpanjali Enclave, Vikas Marg, New Delhi-110092 and Mrs. Subhasmhimi Mehta R/o I-block, Flat No.536, Kamana Halli Road, Bangalore-43. 4. It is further stated that the Will of Late Sh. Vishwadev Sachdev is divided into two parts. In first part of the Will, in para 4 (a), the immoveable property situated at 7, Babar Road, built on Plot No.135, Block No. 205-C, measuring 287.5 square yards at Bengali Market (hereinafter referred to as the said property) is bequeathed in favour of the petitioner to the exclusion of all other heirs. The property is more particularly described in Schedule –A. In para 9 of the Will dated 12.11.2000 it is stated that in case Late Sh. Vishwadev Sachdev leaves any other immoveable properties at the time of his death, which is not specifically bequeathed in the Will, the same shall also go to the petitioner, to the exclusion of all others. 5. It is averred in the petition that the said property originally belonged to the aunt (bua) of the petitioner who had bequeathed the same to Late Mrs. Nirmal Sachdev and she bequeathed it to her husband Late Sh. Vishwadev Sachdev. 6. 5. It is averred in the petition that the said property originally belonged to the aunt (bua) of the petitioner who had bequeathed the same to Late Mrs. Nirmal Sachdev and she bequeathed it to her husband Late Sh. Vishwadev Sachdev. 6. In the second part of the Will, several moveable properties like UTI Funds, Fixed Deposits, shares etc. have been described and in para 8 of the Will it is stated that the cash assets listed in para 7 of the Will shall be pooled and half of the cash assets, after discharging all the sundry payments like electricity/telephone bills, house tax etc. is to be transferred to the fund to be named as “Nirmal Dhingra Sachdev Trust” to be utilized for social welfare and charity by the executor of the Will and the rest half is to be distributed equally (5% each) amongst ten persons named in para 8 of the Will. 7. As per the Will dated 12.11.2000, the jewellery and gold ornaments owned by Late Sh.Vishwadev Sachdev have been sealed in separate packets bearing the names of beneficiaries therein to whom, the said properties are bequeathed and are lying in the steel safe of Late Sh. Vishwadev Sachdev and its keys were to be given to the executor of the Will. Since the executor named in the Will of Late Sh. Vishwadev Sachdev died before Sh. Vishwadev Sachdev and no other executor was appointed by Late Sh. Vishwadev Sachdev therefore, the petitioner has field the present petition. 8. During the pendency of the petition, the petitioner Sh. Puran Chand Arora passed away on 09.05.2011, hence, his legal heirs i.e. his wife Smt. Sunanda Aora, and his daughters namely Smt. Nitu Bhardesh W/o Sh. Bhardesh Vuas and Smt. Kitty Ashish Sharma W/o Sh. Ashish Sharma filed an application to bring them on record, which was allowed by the court and accordingly, an amended memo of parties was taken on record. 9. Initially, when the petition was filed, respondent No. 2 raised objections however, despite of opportunity granted by the court to file the objections, none were filed. Thereafter, the parties opted to go to the Delhi High Court Mediation and Conciliation Centre to sort out their differences. 10. The petitioner has filed evidence by way of affidavits. 9. Initially, when the petition was filed, respondent No. 2 raised objections however, despite of opportunity granted by the court to file the objections, none were filed. Thereafter, the parties opted to go to the Delhi High Court Mediation and Conciliation Centre to sort out their differences. 10. The petitioner has filed evidence by way of affidavits. The affidavits of Brigadier (Retd) B.S. Kaicker and Shri Rajinder Kumar Khosla (witness of the Will dated 12.11.2000) are on record. The affidavits of respondent No. 2 and LR of respondent No.3 are also on record wherein they have stated that they have no objection to the said property i.e. 7, Babar Road, Bengali Market, New Delhi, which has been bequeathed in favour of the petitioner and mutation of the same in name of the petitioner. The original death certificate of Late Shri Vishwadev Sachdev is on record and is annexed as Annexure “A”. The original Will is annexed in the petition as Annexure “B” and is marked as Ex.-P-I. Citation of these proceedings has been effected in “The Statesman” dated 03.09.2011. The valuation report of in respect of the said has also been received. 11. After the matter was settled between the parties, they filed I.A. No.3250/11 for settlement which is signed by the parties and their respective counsel. The said joint application is also supported by the affidavits of the parties. 12. The settlement agreement dated 08.09.2010 is on record and the same has been signed by the parties as well as their respective counsel. 13. In view of above, the petition as well as IA No.3250/2011 are allowed. Letters of Administration be granted to the petitioner in respect of property being 7, Babar Road, Bengali Market, New Delhi, subject to payment of requisite court fee according to valuation and a surety bond. As learned counsel for the parties have prayed that since the Executor of the Will dated 12.11.2000 has died, a Local Commissioner be appointed to distribute the moveable assets of deceased Sh. Vishwadev Sachdev therefore, Mr. Brij Bhushan Gupta, Advocate (Mobile No. 9811348989) is appointed as the Local Commissioner who would facilitate and carry out the consent terms arrived between the parties. Copy of the consent terms recorded before the Mediator and joint application shall also be supplied by the petitioner to the Local Commissioner. Initially, his fee is fixed at Rs.80,000/-which shall be paid by the petitioner. Copy of the consent terms recorded before the Mediator and joint application shall also be supplied by the petitioner to the Local Commissioner. Initially, his fee is fixed at Rs.80,000/-which shall be paid by the petitioner. The remaining fee would be fixed by the court depending upon the work done by the Local Commissioner. 14. The petition stands disposed of.