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2018 Supreme(Del) 2986
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMOHAN, J.
Rama Rani – Petitioner
Versus
State & Others – Respondent
TEST.CAS. 74 of 2015
Decided On : 26-10-2018
For the Petitioner: Mr. Zorawar Singh
The main legal point established in the judgment is the requirement to prove the execution of a Will and the grant of Letters of Administration in accordance with the Indian Succession Act, 1925.
Headnote:
Letters of Administration - Will - Indian Succession Act, 1925, Section 278, Section 300
Fact of the Case:
The petition was filed for grant of Letters of Administration of a Will dated 13th November, 2007 under Section 278 read with Section 300 of the Indian Succession Act, 1925 with respect to the estate of deceased Sh. Harish Chander.
Finding of the Court:
The court found that the petitioner had succeeded in proving that the testator had executed the Will dated 13th November, 2007 and that it was his last will and testament.
Issues: The main issue was the grant of Letters of Administration of the Will and the administration of the estate of the deceased.
Ratio Decidendi: The court was satisfied with the evidence presented and allowed the petition, issuing the Letters of Administration in favor of the petitioner.
Final Decision: The present petition was allowed and the Letters of Administration were issued in favor of the petitioner, enabling her to administer the estate of deceased Late Sh. Harish Chander.
MANMOHAN, J.
1. Present petition has been filed for grant of Letters of Administration of Will dated 13th November, 2007 under Section 278 read with Section 300 of the Indian Succession Act, 1925 with respect to the estate of deceased Sh. Harish Chander, son of Late Sh. Sat Bhushan.
2. It is stated in the petition that the petitioner is the wife of the testator Late Sh. Harish Chander who expired on 19th August, 2013, in New Delhi. The deceased is stated to have executed a registered Will dated 13th November, 2007, which was duly attested by Mr. Arun K. Jindal and Mr. Mohit Verma. The Will dated 13th November, 2007 executed by the deceased is reproduced hereinbelow:-
“WILL
I, Harish Chander, son of Shri Sat Bhushan, aged 67 years, residence of Malerkota now residing at C-161, Greater Kailash, Part-I, New Delhi – 110 048, do hereby revoke formal, oral or written wills & codicils made by me and by this my last Will bequeath and device all my moveable and immoveable properties whatsoever and wheresoever.
I have great love for my wife Mrs. Rama Rani. I bequeath all my individual immoveable & moveable properties in favour of my wife Mrs. Rama Rani. I am also Karta and coparcener of Harish Chander H.U.F. I bequeath my share in H.U.F. in favour of other coparcener of H.U.F., of moveable and immoveable H.U.F. and H.U.F. shall continue to own properties. In the event my wife Mrs. Rama Rani pre deceases me, all my individual moveable and immoveable property shall devolve to my sons Dr. Sumeet Chander & Mr. Ameet Chander equally. After my death no person shall have any right or interest in the properties (moveable and immoveable) except as mentioned above.
In witness whereof I have set my hand on this will to i.e. the 13th day of November, 2007.
Witness – 1
Arun K. Jindal
873, Sector 15,
Faridabad.
sd/-
Testator
Witness – 2
Mohit Verma
F-10/2, Vasant Vihar,
New Delhi”
3. It is stated that deceased has left behind three legal heirs, i.e. his wife, the Petitioner and two sons, respondent nos. 2 and 3.
4. In the petition, the deceased is stated to be the joint/sole owner of the following immovable and movable properties:-
Immovable Properties
1. 1/3rd Share in Plot No. 240(J), Sainik Farms, New Delhi.
New address : W15/22, Sainik Farms, New Delhi.
2. Residential House at Patli Wali Gali, Civil Lines, Opposite House of Satya Pal, Advocate, Moga Punjab.
Movable Properties
1. 2760 (Two Thousand Seven Hundred Sixty) Shares of ITC Limited vide Share Certificate No. 204920.
2. 772 (Seven Hundred Seventy Two) shares of Nestle India Limited.
3. Honda City Car Bearing Registration No. HR 51-AS-7869.
4. Notice was issued on the present petition on 06th August, 2015. Vide order dated 04th March, 2016 citation has been published in the newspaper ‘Statesman’ English Edition and ‘Jan Satta’ Hindi Edition. Since one of the properties is situated in Moga, Punjab, the citation was also published in ‘Punjab Kesari’ Gurmukhi Edition and ‘Tribune’ English Edition. No objections have been received after publication of the citation. Notice was duly served on the State and valuation report has been filed by the State.
5. Respondent Nos. 2 and 3, have filed their No Objection supported by an affidavit. The affidavits of respondent nos.2 and 3 are reproduced hereinbelow:-
A. No Objection of Respondent No.2
I, the above-named deponent, do hereby solemnly affirm and declare as under:-
1. That I am the Respondent No.2and Son of late Shri Harish Chander, who passed away on 19.08.2013 in New Delhi. That late Shri Harish Chander had executed a Will dated 13.11.2007. I further state that I am competent to depose and to swear the present affidavit.
2. That the Petitioner has filed the petition seeking Letters of Administration in respect of Will dated 13.11.2007, contents of which I have read and understood. That I have no objection to the said Petition being allowed and to grant of Letters of Administration with will annexed in favour of the Petitioner.
3. That no part of this affidavit is fals
