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2023 DIGILAW 5460 (DEL)

Jogesh Khurana v. State

2023-09-25

REKHA PALLI

body2023
ORDER Rekha Palli, J. 1. The present petition under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as the 'Act') seeks grant of probate/letters of administration of the 'Will' dated 10.01.2006 of late Ms. Chhabi Mongia(hereinafter referred to as 'the Testatrix'). 2. The petitioners besides being executors of the will are also two of the beneficiaries under the 'Will'. 3. It is claimed by the petitioners that the testatrix was ordinarily residing at Flat No.110, Munirka Vihar, New Delhi. It is the petitioner's case that though the testatrix was married, she did not have any children and her husband late Sh. Mukand Lal Mongia had pre-deceased her. Furthermore, even her parents had pre-deceased her and, therefore, it is only the six nephews and nieces of her late husband who are her near relations. 4. The six legal heirs of the testatrix's late husband have been set out in the list of near relations filed along with the petition. The petitioner no. 2 is one of the nephews of the testatrix's husband, his other nephew and Mr. Surinder Mongia, and one niece Mrs.Anita Nangia, have given their no objection for grant of probate/letters of administration in favour of the petitioners. The other three nieces of late Sh. Mukand Lal Mongia i.e., Mrs. Jaya Khurana, Mrs. Praveena Tuteja and Mrs. Raveena Obhrai have despite being served through publication not come forward to file any objection to the petition. 5. It has been further claimed by the petitioner that the aforesaid 'Will' dated 10.01.2006, which was duly executed by the testatrix at New Delhi in the presence of two attesting witnesses namely Dr. S.C. Kapoor and Mr. P.K.A. Narayanan was the last 'Will' and testament in respect of all the movable and immovable assets owned by her. 6. The details of the only immovable property forming estate of the testatrix i.e., Flat No.110, Munirka Vihar, New Delhi have been set out in the List 'A' filed along with the petition. The said list also gives details of all the bank accounts of the testatrix as also the details of the car, household effects and jewelry left behind by her. The valuation report in respect of the aforesaid immovable property has been filed by the respondent no.1 on 21.04.2022. 7. The said list also gives details of all the bank accounts of the testatrix as also the details of the car, household effects and jewelry left behind by her. The valuation report in respect of the aforesaid immovable property has been filed by the respondent no.1 on 21.04.2022. 7. Vide order dated 21.12.2021, notice was issued in the present petition, on which date, citation was also directed to be published in "The Statesman" (Delhi Edition). The said citation was duly published on 31.01.2022 but till date, no objections to the petition have been received from any person whatsoever. 8. In support of their case, the petitioners have examined two witnesses. The petitioner no.2, who was examined as PW-1, tendered his affidavit by way of evidence on 05.08.2023. Apart from reiterating the averments made in the petition, the petitioner no.2 has proved the copy of the 'Will' dated 10.01.2006, the death certificate of the testatrix dated 25.01.2021 issued by South Delhi Municipal Corporation as also the valuation report in respect of the only immovable property owned by the testatrix. 9. Dr. S.C. Kapoor, the attesting witness to the 'Will' was examined as PW-2 on 05.08.2023. He not only identified the signatures of the testatrix on the 'Will' but also categorically stated that he had put his signatures on the 'Will' in the presence of the testatrix and had also witnessed the testatrix put her signatures on the 'Will'. He had further stated that the other attesting witness namely Mr. P.K.A. Narayanan had also put his signatures on the 'Will' in the presence of the testatrix. 10. In the light of the aforesaid, the petitioners have been able to prove the 'Will' as per Section 68 of the Indian Evidence Act which requires that a 'Will' can be proved by examination of at least one of the two attesting witnesses. In the present case, the attesting witness namely Dr. S.C. Kapoor has categorically deposed that the testatrix had signed the 'Will' dated 10.01.2006 in his presence and in the presence of the other attesting witness. It has been further stated by him that the subject 'Will' was executed voluntarily by the testatrix, who was in sound disposing mind. The unchallenged and unrebutted testimony of the petitioner no. 2, which is supported by the testimony of the attesting witness, has proved the authenticity of the 'Will' dated 10.01.2006 of late Ms. Chhabi Mongia. It has been further stated by him that the subject 'Will' was executed voluntarily by the testatrix, who was in sound disposing mind. The unchallenged and unrebutted testimony of the petitioner no. 2, which is supported by the testimony of the attesting witness, has proved the authenticity of the 'Will' dated 10.01.2006 of late Ms. Chhabi Mongia. 11. The petition is, therefore, entitled to succeed and is, accordingly, allowed. 12. Subject to the petitioners filing the requisite Court fees, stamp duty, administration bond and one surety bond to the satisfaction of the learned Registrar General of this Court, letters of administration in respect of 'Will' dated 10.01.2006 be granted in favour of the petitioners. 13. List before the learned Registrar General on 09.11.2023. 14. The petitioners are also granted liberty to apply as per law for return of original documents filed with the petition.