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2014 DIGILAW 2788 (DEL)

Taruna Malik v. State, Govt. NCT of Delhi

2014-10-28

S.P.GARG

body2014
Judgment S.P. Garg, J. 1. Petitioner–Taruna Malik has filed the present petition under Section 272 of the Indian Succession Act, 1925 for grant of probate of Will dated 18.11.2010 executed by Late Smt. Santosh Bakshi w/o Late Sh. Vishwa Nath regarding her estate i.e. One half share in the property bearing No.A-674, Block-A, Sarita Vihar, New Delhi. It is averred that Late Smt. Santosh Bakshi executed the said Will in favour of the petitioner and Mrs. Harsh Gogia. 2. It is averred that Late Smt. Santosh Bakshi was a resident of 6/22, Shanti Niketan, New Delhi. She expired on 22.12.2012. At the time of her death, she had left her last Will and Testament dated 18.11.2010 duly registered as document No.6376 in Book No.III, Volume No.544 in the office of Sub-Registrar-IX, New Delhi on 29.11.2010. She had bequeathed her immovable properties in favour of the petitioner, and Mrs. Harsh Gogia, her another niece (deceased’s brother’s daughter). She also named the petitioner and Mrs. Harsh Gogia as the sole beneficiaries of the Will and as per her last wishes, after her death the petitioner and Mrs. Harsh Gogia were entitled to take probate of the Will dated 18.11.2010 from the Court of competent jurisdiction in respect of the immovable properties mentioned therein. It is further stated that the petitioner is beneficiary of the property being half share in the property No.A-674, Block-A, Sarita Vihar, New Delhi. She is already owner in her own right qua the other half of the portion of the property. It is further stated that Late Smt. Santosh Bakshi was of sound and disposing mind and was competent to execute the Will being the absolute owner of the immovable properties mentioned in the schedule. The Will was executed in the presence of attesting witnesses including Smt. Payal Malik w/o Sh. Sudhir A. Shah. 3. List of legal heirs as detailed in Schedule-I filed along with the petition is Smt. Taruna Malik (niece); Sh. Sudershan Kumar Malik (brother); Smt.Santosh Malik (sister-in-law); Sh.Sharad Malik (nephew); Smt. Madhuri Yadav (niece); Smt. Payal Malik (niece) and Smt. Harsh Gogia (niece). Schedule–II describes the list of properties as detailed in the Will dated 18.11.2010. One DDA S.F.S. flat bearing No.22, Neeti Bagh, New Delhi is stated to have been bequeathed in favour of Smt. Harsh Gogia. One half share of the property in question has been bequeathed in favour of the petitioner. Schedule–II describes the list of properties as detailed in the Will dated 18.11.2010. One DDA S.F.S. flat bearing No.22, Neeti Bagh, New Delhi is stated to have been bequeathed in favour of Smt. Harsh Gogia. One half share of the property in question has been bequeathed in favour of the petitioner. 4. Ms. Nidhi Raman, Advocate appeared on behalf of the respondent No.1 (State). By an order dated 11.09.2013 notice was ordered to be given to the legal heirs mentioned in Schedule–I from Sl.Nos.2 to 7. Citation was ordered to be published in ‘The Statesman’ in English and ‘The Jansatta’ in Hindi. Respondent Nos.3 to 6 appeared through their counsel Mr. Siddharth Dior and Mr. Prem Anand and furnished no objection to the petition being allowed. Mr. Kunal Anand, learned counsel for the respondent Nos. 2 and 7 also gave no objection to the petition being allowed. They were directed to file affidavits of ‘no objection’. Consequently, their affidavits were taken on record. Citation was also published on 17.11.2013 in the newspaper ‘The Statesman’ and ‘The Jansatta’. No public person filed any objection against the grant of probate pursuant to the publication of the citation in the newspaper ‘The Statesman’ and ‘The Jansatta’. 5. The petitioner has led evidence by way of affidavit. In her affidavit (Ex.PW-1/A), she has reiterated the averments made in the petition. She has stated on oath that Late Smt. Santosh Bakshi was a resident of 6/22, Shanti Niketan and died at New Delhi on 22.12.2012. The original death certificate was exhibited as PW-1/1. She further deposed that Late Smt. Santosh Bakshi at the time of her death left her last Will and Testament dated 18.11.2010 (Ex.PW-1/2). The original Will has been filed in Test Case No.62/2013. As per her last Will (Ex.PW-1/2) she bequeathed her immovable properties in her (petitioner) favour and in favour of Mrs. Harsh Gogia. Both of them were named as sole beneficiaries of the Will. She further deposed that Late Smt. Santosh Bakshi was of sound and disposing mind and was competent to execute the Will in question being the absolute owner of half share of the property in question. She further produced affidavit evidence of Smt. Payal Malik (Ex.PW-2/A). She corroborated the version of the petitioner and stated that Will dated 18.11.2010 (Ex.PW-1/2). She further deposed that Late Smt. Santosh Bakshi was of sound and disposing mind and was competent to execute the Will in question being the absolute owner of half share of the property in question. She further produced affidavit evidence of Smt. Payal Malik (Ex.PW-2/A). She corroborated the version of the petitioner and stated that Will dated 18.11.2010 (Ex.PW-1/2). was executed by Smt. Santosh Bakshi and she had put her signatures thereon as one of the attesting witnesses in the presence of the testatrix and the other attesting witness. She had seen the said test tricks and other attesting witness signing the said Will in her presence at the same time. Smt. Payal Malik identified signatures of Late Smt. Santosh Bakshi at the Will at point ‘A’ and that of the other attesting witness at point ‘B’ and her own signatures at point ‘C’. She also testified that deceased Late Smt. Santosh Bakshi was in her complete senses and she executed the Will without any coercion, undue influence or misrepresentation in favour of Smt. Harsh Gogia and Taruna Malik out of love and affection for them. 6. I have heard the learned counsel for the petitioner and have examined the record. Will (Ex.PW-1/2) has been proved as per law. It was executed by the deceased Late Smt.Santosh Bakshi in the presence of two attesting witnesses Smt. Payal Malik and Sh. Sanjay Sood. None of the persons have come forward to challenge the Will. The legal heirs of the deceased respondent Nos.2 to 7 have given their ‘no objection’ to the grant of probate. The petitioner has produced evidence by way of affidavit of attesting witness Smt. Payal Malik. Accordingly, I do not find any impediment in granting the probate to the petitioner in respect of the Will of testatrix. 7. Valuation report has been submitted by the Executive Magistrate, Sarita Vihar, Distt. South-East, New Delhi. As per his report, the half share of the aforesaid properties comes out to the value of Rs.38,10,000/- only. 8. In the light of the above discussion, probate of the Will dated 18.11.2010 is granted to the petitioner to the extent of one half share in the property bearing No.A-674, Block-A, Sarita Vihar, New Delhi, subject to her paying requisite Court Fee and furnishing administrative bond with one surety, to the satisfaction of the Registrar General of this Court. 9. The petition stands disposed of.