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Singh vs State & Anr

High Court Of Delhi|02 July, 2012
|

JUDGMENT / ORDER

* HIGH COURT OF DELHI : NEW DELHI + Probate Case No. 8 of 1991 % Judgment decided on : 02.07.2012 Dr. Kulvinder Singh & Anr. Petitioner Through: Mr. Krishan Kumar, Adv. with Mr. Parul Sharma, Adv.
Versus State & Anr. Respondents Through: None.
Coram:
HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.
1. This petition has been filed by the petitioner under Sections 276 of the Indian Succession Act, 1925 for grant of Letters of Administration in respect of the Will executed by Late Shri Arjun Singh (hereinafter referred to as the deceased).
2. It is averred in the petition that the deceased Late Sh. Arjun Singh S/o Sh. Dola Singh who was a permanent resident of Delhi, died on 25.01.1990 at Delhi. A copy of the death certificate of the deceased is filed along with the petition. On 04.01.1990, the deceased executed his last Will and in the presence of witnesses namely Mr. M.K. Jindal and Mr. B.C. Bhardwaj and testament whereby, he bequeathed his immoveable property bearing No.11106/6/7/8, Doriwalan, Karol Bagh, New Delhi-110005, his moveable property like i.e. all the balance lying in his bank accounts as well as any other item belonging to him like jewellery etc. in favour of his brothers in law namely Dr. Kulvider Singh Oberoi, Mr.
S. Mahinder Pal Singh Oberoi and Mr. S. Inderjit Singh Oberoi as the deceased had no legal heir and his brothers in law looked after him. It is also stated in the said Will that the property bearing No.11106/6/7/8, Doriwalan, Karol Bagh, New Delhi had been purchased by the wife of the deceased out of her Istridhan and sources and after her death, the same was mutated in the name of the deceased. The said Will bears thumb impression of the deceased and signatures of two attesting witnesses namely Dr. M.K. Jindal and Mr.
B.C. Bhardwaj.
3. It is stated by the petitioner that the said Will is registered as document No.1Addl. Book No. I, Vol. No.3809 on page No.15 on 09.01.1990 in the office of the Sub-Registrar, Sub-District-I, Delhi.
4. Mr. Mahinder Pal Singh, the respondent No.2 herein has given his No Objection Certificate in favour of the petitioners.
5. The objectors namely Gurdwara Shree Guru Nanak Darbar claimed that the deceased had executed a Will dated 05.07.1988 whereby, he bequeathed his estate in their favour. The objectors had filed an application being I.A. No.1425/92 under Order I Rule 10 read with Section 151 CPC for impleadment in this case but, the said application was disposed of declining the prayer for impleadment but, permission was granted to file objections. Thus the objectors filed their objections in this case and also filed a probate case bearing No.21/93 before this Court, seeking Letters of Administration in their favour in respect of the estate of the deceased.
6. On 05.04.2000, following issues were framed:
“1. Whether Shri Arjun Singh had executed the Will dated 5th July, 1988 in favour of Gurdwara Shree Guru Nanak Darbar, Doriwalan, New Delhi of his own free will and without undue influence and coercion and while he was in sound disposing mind?
2. Whether the document dated 4th January, 1990 is the last Will and testament of Shri Arjun Singh? If so, to what effect?
3. Relief”
7. On 05.09.2002, the petitioner No.2 passed away and vide order dated 18.01.2006 of this court his legal representatives were substituted in his place and accordingly, an amended memo of parties was filed.
8. During the pendency of the case, the disputes between the petitioners and the objectors were mutually resolved in the meeting dated 04.02.2012 and the objectors filed an application under Order XIII Rule 1 read with section 151 CPC for withdrawal of objections filed by them in the present case as well the Probate Case No.21/1993. The said application of the objectors was allowed by this Court vide order dated 17.04.2012.
9. Evidence by way of affidavit has been filed by Dr. M.K. Jindal, who is one of the attesting witnesses to the Will Ex. PW-1/2. The said affidavit is marked as Ex.PW6/A, and it is stated by Dr.
M.K. Jindal in the said affidavit that the deceased had put his left thumb mark to the said Will after understanding its contents and admitting the same as correct. Mr. Ajit Kailia Advocate who drafted the Will Ex. PW1/2 has also filed his evidence by way of affidavit wherein he has stated that the Will Ex. PW1/2 was drafted by him under the instruction from the deceased who had put his thumb mark after to the said Will after understanding its contents and admitting the same as correct.
10. The petitioner who is also PW-1 herein, has filed evidence by way of affidavit Ex. PW1/A, wherein he has proved the following documents:
(i) Exhibit PW-1/1- Certified copy of the death certificate of the deceased.
(ii) Exhibit PW-1/2- Original Will dated 04.01.1990.
(iii) Exhibit PW-1/3- Copy of the No Objection Certificate of the respondent No.2.
(iv) Exhibit PW-1/4- Copy of the petition.
(v) Exhibit PW-1/5 & Exhibit P-1/6- Copies of the annexures C & B respectively.
(vi) Exhibit PW-1/7, Exhibit PW-1/8, Exhibit PW-1/9, Exhibit PW-1/10- Discharge repot of the deceased from Irwin hospital, original house tax bill, receipts of the immoveable properties under the Will respectively.
11. I have heard the counsel for the petitioners, perused the pleadings and the documents placed on record. Citation of these proceedings have been effected in “The Statesman” dated 15.03.1991. The matter has already been settled between the petitioners and the objectors, who have withdrawn their objections. Hence, in view of statement made in the petition and evidence produced and proved by the petitioner, the petition is allowed and Letters of Administration is granted to the petitioners in respect of the Will Ex. PW1/2 of the deceased subject to the petitioner filing the valuation report of the property, payment of requisite court fee according to valuation and surety bond.
12. The petition stands disposed of MANMOHAN SINGH, J.
JULY 02, 2012
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Title

Singh vs State & Anr

Court

High Court Of Delhi

JudgmentDate
02 July, 2012