The court upheld the validity of a Will executed by the deceased, confirming the petitioners as sole beneficiaries and exempting them from an administration bond due to the uncontested nature of the application.

JUDGMENT :

VIKAS MAHAJAN, J.

I.A. 14111/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

TEST.CAS. 95/2021

3. The present petition has been filed by the petitioners under Section 278 of the Indian Succession Act for grant of letter of administration in respect of the Will dated 17.09.2018 [hereinafter, ‘the Will’] executed by Late Kumari Usha Pathak [hereinafter, ‘the Testatrix’], daughter of Late Krishna Rao Pathak.

4. The petitioners are the daughters of real brother of the Testatrix. No Executor has been named in the Will.

5. The subject matter of Will is only one immovable property i.e. DDA Flat No. 97, Anandvan, A-6, Paschim Vihar, New Delhi-110063 measuring 102 sq. meters.

6. The Testatrix passed away on 24.10.2018. It is stated that Testatrix was unmarried, and she had no issue of her own, neither byway of adoption.

7. The petitioners herein are the daughters of the real brother of the Testatrix. It is the case of the petitioners that the Testatrix executed the Will dated 17.09.2018 in a sound disposing mind, proper health and without any pressure or undue influence.

8. The notice in the TEST. CAS. was issued on 18.11.2021 and directions were given to publish the citation in the newspapers “Statesman” (English) and “Jansatta” (Hindi). The SDM concerned was also directed to file a valuation report.

9. The aforesaid direction was complied with and necessary citation came to be published in the “Statesman” in English and “Jansatta” in Hindi on 21.12.2021 and the same were taken on record as per the order of the learned Joint Registrar dated 11.01.2022. The said order also mentions that citation was also affixed on the notice board of Delhi High Court and on the notice board of Tis Hazari Court, both dated 13.12.2021.

10. Likewise, the valuation report dated 07.01.2022 was also filed by the Collector of Stamps (Punjabi Bagh), whereby the value of the property has been assessed at Rs.62,17,920/-.

11. Since the Testatrix was not survived by any other legal heir, therefore, apart from the State, there is no other respondent impleaded in the present petition. The State is represented by Ms. Avni Singh, Panel Counsel, GNCTD.

12. Since, there was no contest in the present petition and no objection was received from any person despite publication, no issue was framed in the present matter. Thereafter, the evidence was led by the petitioners to prove the Will in question. The petitioners examined themselves, as well as, the two attesting witness to the Will. Thus, in the present case following witnesses were examined:

(i) PW1- Aparna Mutatkar (petitioner no.1)

(ii) PW2- Surbhi Raste (petitioner no.2)

(iii) PW3- Sh. Rajendra Moghe, who is the attesting witness to the Will (iv) PW4- Sh. Sanjay Kumar Deo, who is the second attesting witness to the Will

13. Mr. Abhinav Ramakrishna, learned counsel appearing on behalf of petitioner submits that the present petition for grant of letter of administration is uncontested.

14. He further submits that there is no other claimant of the property nor any objections were filed by anyone pursuant to the publications made in the present petition. He, therefore, contends that there is no legal impediment for grant of letter of administration.

15. I have heard learned counsel for the petitioner and have perused the record.

16. The original Will dated 17.09.2018 executed by the Testatrix has been received by the Court in a sealed cover fr