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IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna, J.
Ashok Bhatia Legal Heir S/o. Late Sh. Tilak Raj Bhatia – Appellant
Versus
State (The Govt. of NCT of Delhi Through Sdm West District) – Respondent
TEST.CAS. 1 of 2011
Decided On : 06-03-2023
Probate - Grant of Probate/Letter of Administration of Wills - Indian Succession Act, 1925 - Section 276, Section 238
Fact of the Case:
The petitioner sought grant of Probate/Letter of Administration of Wills dated 02.09.2005 and 18.12.2007 executed by Late Shri Tilak Raj Bhatia in his favor. Late Shri Tilak Raj Bhatia executed two registered Wills bequeathing the suit property to the petitioner and his family. The petitioner filed a Probate petition after the demise of Late Shri Tilak Raj Bhatia, contested by respondent No. 3/Satish Bhatia.
Finding of the Court:
The court found that Late Shri Tilak Raj Bhatia was in a sound and disposing state of mind when he executed the Will dated 18.12.2007 and that the registered Will dated 18.12.2007 is a legal and valid document. The court granted Probate with the Will annexed to the petitioner in respect of the Will dated 18.12.2007.
Issues: 1. Whether Late Shri Tilak Raj Bhatia was in a sound and disposing state of mind when he executed the Will dated 18.12.2007? 2. Whether the registered Will dated 18.12.2007 is a legal and valid document?
Ratio Decidendi: The court found that Late Shri Tilak Raj Bhatia was the exclusive owner of the suit property and was competent to execute the Will. The court also found that the petitioner proved the Will in accordance with Section 63(c) of the Indian Succession Act, 1925 and that the signatures on the Will were obtained in accordance with the statutory requirements. The court also noted that the respondent failed to prove allegations of coercion and undue pressure in the execution of the Will.
Final Decision: The court granted Probate with the Will annexed to the petitioner in respect of the Will dated 18.12.2007, subject to payment of requisite stamp duty/court fees and furnishing an Administrative bond with one surety to the satisfaction of the Registrar General of the court.
Certainly. Based on the provided legal document, here are the key points:
The court examined the validity of two registered Wills executed by Late Shri Tilak Raj Bhatia, specifically focusing on the Will dated 18.12.2007, which was ultimately granted probate (!) (!) .
The court confirmed that Shri Tilak Raj Bhatia was in a sound and disposing state of mind when executing the Will dated 18.12.2007, and that the Will was made voluntarily without any undue pressure or coercion (!) (!) .
The execution of the Will was properly proved through the testimony of the testator, the attesting witness, and the registration process, satisfying statutory requirements (!) (!) (!) (!) .
The court noted that the testator was the exclusive owner of the property, having acquired it through a registered conveyance in 1968, and that this ownership was not challenged by other family members, despite claims to the contrary (!) (!) (!) .
The contesting respondent argued that the Will was obtained through undue influence and that the testator was not in a sound mind, but the court found the evidence supporting the Will to be credible and consistent, including the testator’s own statements before the court (!) (!) .
Suspicious circumstances, such as the execution of multiple Wills and allegations of harassment and coercion, were considered but not sufficiently proven to invalidate the Will (!) (!) (!) .
The court emphasized that the burden of proof to establish the validity of the Will was met by the petitioner, who provided clear, credible evidence, including the testator’s statements and the attesting witness’s testimony (!) (!) (!) .
As a result, the court granted probate of the Will dated 18.12.2007, with the necessary formalities, including payment of stamp duty and furnishing an administrative bond with surety (!) (!) .
The petition was ultimately allowed, confirming the Will as the last valid testament of Late Shri Tilak Raj Bhatia and appointing the petitioner as the executor (!) .
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JUDGMENT
Neena Bansal Krishna, J. The petitioner has sought grant of Probate/Letter of Administration of Wills dated 02.09.2005 and 18.12.2007 executed by Late Shri Tilak Raj Bhatia in his favour under Section 276 read with Section 238 of the Indian Succession Act, 1925.
2. The facts in brief are that Late Shri Tilak Raj Bhatia, Hindu by religion, had acquired the Property bearing No. 61-61A, Block No. 8, Moti Nagar, New Delhi (hereinafter referred to as "suit property") vide Lease Deed dated 22.08.1967 duly registered with the Sub-Registrar Office, Delhi on 18.11.1967.
3. Shri Tilak Raj Bhatia on his demise on 06.05.2010, was survived by his three sons, namely, Mr. Ashok Bhatia (petitioner), Mr. Subhash Bhatia (respondent No. 2) and Mr. Satish Bhatia (respondent No. 3) and five daughters, namely, Ms. Shushila Bhatia (respondent No. 4), Ms. Neelam Kohli (respondent No. 5), Ms. Sunita Bhatia (respondent No. 6), Ms. Sangeeta Bhatia (respondent No. 7) and Ms. Swarn Kanta Bhatia (respondent No. 8).
4. According to the petitioner, Shri Tilak Raj Bhatia, during his lifetime, executed a registered Will dated 02.09.2005 out of his free will and consent and with sound disposing mind. According to the said Will, he bequeathed the suit property in favour of the petitioner and his family i.e., wife and two sons. It was specifically stated therein that "thereafter, no one except Sh. Ashok Bhatia and his family will have any right on this house. This may be done after my death". The petitioner and his family were thus, named as the sole legatee and beneficiary of the suit property by virtue of this registered Will dated 02.09.2005.
5. Thereafter, Shri Tilak Raj Bhatia executed another registered Will dated 18.12.2007, wherein he stated that "whereas the Testator is the owner and in possession of the built up Flat No. 61 & 61A, Block No. 8 situated at Moti Nagar, New Delhi-15, with the lease hold rights of the land under the said property having by virtue of Lease and Conveyance Deed duly regd. No. 8853, in Addl. Book No. I, Volume No. 1928, at pages 63 to 66 dated 18.11.1968 in the Sub-Registrar, Sub-Distt. No. I, Delhi". He further stated that "he is making said Will with his free will, without any pressure and with his sound and disposing mind.........till he is alive, he shall remain the absolute owner of the suit property and after his demise, the same shall be bequeathed to the Executor ("in favour of my son Sh. Ashok Bhatia, son of Shri Tilak Raj Bhatia, R/o. 8/61, Moti Nagar, New Delhi-15"). He also made clear that "other legal heirs of the said Testator shall have no rights to interfere in this Will".......This is my last and final Will regarding the said property and I have executed this will without any pressure of any person/s."
6. It is asserted that during the life time of Late Shri Tilak Raj Bhatia, the respondent No. 3/Satish Bhatia had threatened the petitioner and his family to evict them from the suit property. Hence, the wife and the two sons of the petitioner were forced to file a Civil Suit bearing number CS (OS) 528/2009 for Declaration and Permanent Injunction in this Court against Late Shri Tilak Raj Bhatia and Mr. Ashok Bhatia. Late Shri Tilak Raj Bhatia filed his affidavit before the Hon'ble Single Judge categorically stating that he was the exclusive owner and had bequeathed the suit property by virtue of the two registered Wills dated 02.09.2005 and 18.12.2007. Not only this, he appeared in person before the Hon'ble Judge of this court during the proceedings and made his statement on oath, wherein he affirmed the contents of his Affidavit dated 04.12.2009 and deposed that he was the exclusive owner of the suit property and was in its possession along with his son Mr. Ashok Bhatia and his family. The learned Single Judge in Order dated 22.01.2010 observed that the Court had considered the demeanor of Sh. Tilak Raj Bhatia and was satisfied that he was in full possession of his senses and also capable of underst
The main legal point established in the judgment is the requirement to prove the execution of a Will in accordance with the statutory provisions, including the attestation by witnesses and the sound ....
The execution of a will must strictly adhere to statutory requirements, including valid attestation by witnesses, and mere registration does not suffice to validate a will in the presence of suspicio....
The main legal point established in the judgment is the requirement to prove the execution of a Will in accordance with the provisions of the Indian Succession Act and the Indian Evidence Act, and th....
The propounder of a Will must satisfactorily prove its execution, whereupon the burden of proving any allegations of fraud or coercion shifts to the objectors. Minor gaps in testimony do not undermin....
Partition suits are non-maintainable without impleading all necessary legal heirs. Probate applications remain valid even years after the testator's death, as the right to prove a Will is a continuou....
Important Point – Probate court only decides upon validity or invalidity of execution of Will.
The court upheld the validity of a registered Will, ruling that the burden of proof for allegations of forgery lies with the defendants, which they failed to meet.
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