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2016 Supreme(Del) 1116
IN THE HIGH COURT OF DELHI AT NEW DELHI
PRADEEP NANDRAJOG, MUKTA GUPTA, JJ.
PARUL GUPTA – APPELLANT
Versus
SIDDHARTH SAREEN & ORS. – RESPONDENTS
FAO (OS)669/2015
Decided On : 29-2-2016
Mr.Sandeep Sethi, Mr.Ravi Gupta and Mr.Rajiv Mehra, Sr.Advocates instructed by Mr.Sunil Magon and Mr.Tanmay Mehta, Advocates
Mr.Kapil Sibal and Mr.Rakesh Tiku, Sr.Advocates instructed by Mr.N.S.Bajwa, Mr.Anil Sharma, Mr.Nizam Pasha and Ms.Tinu Bajwa, Advocates for R-1, Mr.Pinaki Mishra and Mr.Kirti Uppal, Sr.Advocates, instructed by Mr.Pramod Saigal, Advocate for R-2
The main legal point established in the judgment is the presumption of validity for rational and duly executed wills, along with the burden of proof in establishing the validity of a will.
Headnote:
WILL - Inheritance Dispute - Indian Succession Act - Section 57, Section 212 - The court analyzed the validity of a will dated January 14, 2010, and its impact on the inheritance dispute. The court highlighted the legal principles of probate, the burden of proof in establishing the validity of a will, and the presumption of validity for rational and duly executed wills.
Fact of the Case:
The case involved an inheritance dispute over the estate of Sudhir Sareen, who had a significant amount of assets both in India and abroad. The dispute arose from the validity of a will dated January 14, 2010, with one party claiming it was obtained under suspicious circumstances due to Sudhir's failing health.
Finding of the Court:
The court found that there was no evidence to suggest Sudhir was mentally or physically incapacitated when executing the will. The court also emphasized the absence of proof of undue influence or coercion in obtaining the will. The court concluded that the will was valid and legally executed by Sudhir.
Issues: The main issue was whether the will dated July 14, 2010, was the last legal and valid testament executed by Sudhir. Additionally, the court addressed the request for an interim injunction to preserve the estate pending the resolution of the inheritance dispute.
Ratio Decidendi: The court's decision was based on the principles of probate, burden of proof in establishing the validity of a will, and the presumption of validity for rational and duly executed wills. The court also considered the need to prevent dissipation of the estate pending the resolution of the dispute.
Final Decision: The court upheld the validity of the will and denied the request for an interim injunction to preserve the estate, allowing the son to deal with the inherited assets. However, the court imposed conditions on the son and his mother to safeguard certain properties and assets.
PRADEEP NANDRAJOG, J.
1. Late Sh.Sudhir Sareen held the fort in the public domain and was prosperous in business. He made billions in real estate and fertilizer business. At the domestic front his wife Sunita Sareen lived by the democratic principle of domestic harmony, and we have no doubt that her contributions at the domestic front was one reason, of the many others, for Sh.Sudhir Sareen to prosper. The union between the two, with three flowers blooming in their garden, lasted for 40 years. The three flowers which bloomed in the garden are : (i) Siddhartha (son), (ii) Parul (daughter), and (iii) Shilpa (daughter). The soul mate departed company on February 21, 2003 : the date of death of Sudhir Sareen. The estate had to be inherited. A will dated January 14, 2010 was propounded by Siddhartha and Sunita. The estate referred to in the will is gargantuan and has been stated in the will as under:-
“A. MY ASSETS ABROAD:
1. I am a NRI having a permanent address at L-20, Emirate Hills, Post Box No.73326, Dubai, UAE. I own a company known as Fairbridge Estate Ltd. (Offshore) Dubai, Jabal Ali Free Zone Company, JAFZA.
2. I own Westmed Holding Ltd., 8 Claridge House, London WIK 4 ND.
3. I am also the owner of Heroic Investments Ltd., 10 Upper Brook Street, London WIK 6 PB.
4. Besides the aforesaid, I also have 86298728 shares of Emaar MGF Lan Ltd. Kallarister Trading Ltd., a company registered in Cyprus and two holding companies under Kallarister Trading Ltd. i.e. Yulita Consultants Ltd. Holding 39,826,863 shares and Sneivor Holdings Ltd. Having 46,471,865 shares total 86298728 shares.
5. My Bank accounts abroad i.e. with (1) MashreqBank, DIC Branch, Dubai (UAE) US$ A/c. No.:0448718970 and AED A/c. No.:0496661558 + Portfolio Investments respectively (2) HSBC Private Bank.78. St.James’ St., London (UK) US$ A/c. No.:218222-0001 and GBP A/c. No.:11015060 + Portfolio Investments respectively and (3) Bank of Baroda, Main Branch, Dubai (UAE). account No.:90010200009866.
B. IMMOVEABLE PROPERTY IN INDIA:
1) LAND BUILDING PROPERTY No.B-101, GREATER KAILASH-1)
2) AGRICULTURAL LAND U.P
3) AGRICULTRUAL LAND & FARM HOUSE, KAPASHERA
The said agricultural land was purchased by me during the year 1994-95 and 1996-97 respectively for Rs.30,86,9307/-. The land was situated at village Kapashera Teh. Mehrauli, New Delhi (Khasra No.8, 12, 13, 18 & 26). The total area of land is 5.21 Acre. I have built a farm house in the said property.
4) AGRICULTURAL LAND, RAJOKARI
The land was purchased by me in the year 1994-95. The land is situated at village Rajokari, The. Mehrauli, New Delhi (Khasra No.687, 692, 736, 752 & 785). The total area of land is 4.14 acre.
5) AGRICULTURAL LAND, MANDI
The land was purchased by me in the year 1994-95. The land is situated at village Mandi, The. Mehrauli, New Delhi (Khasra No.67 & 68). The total area of land is 3.21 acre.
6) AGRICULTURAL LAND, SOHNA
The land was purchased by me in the year 1995-96. The land is situated at village Sohna, Distt.Gurgaon (Hr.) (Mustatil No.87, 88 & 89). The total area of land is 113 Kanal & 18 Maria.
C. MOVABLE ASSETS:
INVESTMENT IN SHARES IN LIMITED COMPANIES AND MUTUAL FUNDS
1) I have made investments in shares of listed Companies/Mutual Funds in NRO Account with HSBC Securities and Capital Markets (India) Pvt. Ltd. with Client Code No.053-179438 and also NRE Account with client code No.053-195780 with HSBC Securities and Capital Markets (India) Pvt. The particulars of the same are as under:
| Name | Client Code | Trading & Unique Client |
| Sh.Sudhir Sareen NRO | 053-179438 | H01062 |
| Sh.Sudhir Sareen NRE | 053-195780 | H01007 |
II). DETAIL OF INVESTMENT MADE BY ME IN SHARES OF PRIVATE LIMITED COMPANIES
SR.NO.
SCRIPTS
QTY
1
Amiable Estate Pvt. Ltd.
50
2
Ashvarya Estates Pvt. Ltd.
125
3
Caramel Estate Pvt. Ltd.
9500
