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2024 Supreme(Online)(DEL) 12508
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:2nd February, 2024 % Pronounced on: 29th May, 2024 + TEST CASE 48/2017, I.A. 1911/2021 BHARAT MOHAN KOHLI S/o Late Mr. J.B. Kohli R/o C-27, Friends Colony (East)
New Delhi.
..... Petitioner Through: Mr. Abhimanyu Mahajan, Ms.
Anubha Goel and Mr. Mayank Joshi, Advocates.
versus
1. STATE Through Standing Counsel (Civil)
Govt. of NCT of Delhi New Delhi-110003 ..... Respondent No. 1
2. MR. J.B. KOHLI (SINCE DECEASED)
Through Legal Heirs A. MRS. ARUNA KOHLI W/o Late Mr. J.B. Kohli R/o 31, Golf Links (First Floor)
New Delhi-110003. ..... Respondent No.2(A)
B. MRS. NANDINI SAYAL D/o Late Mr. J.B. Kohli R/o 31, Golf Links, Ground Floor, Rear Portion, New Delhi-110003. ..... Respondent No.2(B)
C. MRS. DIPTI SINGH D/o Late Mr. J.B. Kohli R/o G-7, Maharani Bagh, Ground Floor, New Delhi-110065. .... Respondent No.2(C)
D. MRS. RADHIKA BHARGAVA D/o Late Mr. J.B. Kohli R/o 31, Golf Links (First Floor)
New Delhi-110003. .... Respondent No.2(D)
3. MR. RAM SARUP SAWHNEY (SINCE DECEASED)
S/o Late Sh. Uttam Chand Sawhney R/o 71-73, Mission Compound Saharanpur-247001, Uttar Pradesh .... Respondent No.3
4. MR. DEEPAK SAWHNEY S/o Mr. Ram Sarup Sawhney R/o 71-73, Mission Compound, Saharanpur - 247001, Uttar Pradesh. .... Respondent No.4
5. MR. MUKESH SAWHNEY S/o Mr. Ram Sarum Sawhney R/o C-20, Greater Kailash-1, New Delhi 110048. .... Respondent No.5
6. MRS. USHA CHATRATH W/o Mr. Brij Mohan Chatrath R/o P-12, Hauz Khas Enclave, New Delhi ....Respondent No.6
7. MRS. KRISHNA SAWHNEY (SINCE DECEASED)
Through her legal heirs A. Mr. RAVI SAWHNEY S/o Late Mr.s Krishna Sawhney R/o 10B, Regency Court, SO 20 Sukhumvit Bangkok-10110, Thailand ....Respondent No.7(A)
B. MR.RAKESH SAWHNEY S/o Late Mrs. Krishna Sawhney R/o E-35, Lane W4B Western Avenue, Sainik Farm, New Delhi-110062. ....Respondent No.7(B)
C. MRS. ROHINI SAWHNEY W/o Late Sh. Rajive Sawhney R/o 52-A, Friends Colony (East)
New Delhi-110065. ....Respondent No.7(C)
D. MR. RISHAL SAWHNEY S/o Late Sh. Rajive Sawhney R/o 52-A, Friends Colony (East)
New Delhi-110065. ....Respondent No.7(D)
E. MRS. RITIKA JHANJI D/o Late Sh. Rajive Sawhney R/o 52-A, Friends Colony (East)
New Delhi-110065. ....Respondent No.7(E)
8. MRS. RITA BHATIA W/o Mr. Gyan Prakash Bhatia R/o 46/25, Sai Vihar, Ram Bagh Road, Muzaffarnagar, Uttar Pradesh-251001. ....Respondent No.8
9. MR. SUNIL SAWHNEY S/o Smt. Vidyawati Sawhney R/o 779, Civil Lines South, Near Government College, Muzaffarnagar, Uttar Pradesh-251001 ....Respondent No.9
10. MRS. ANJULA MALHOTRA W/o Mr. Rajeev Malhotra R/o 30, Conifer Crescent, Broadbeach Waters, Queensland 4218, Australia ....Respondent No.10
11. MS. ANITA SAWHNEY D/o Smt. Vidyawati Sawhney R/o 271, Holyhead Road, Handsworth, Birmingham, West Midlands, England, Post Code B21 0AP, United Kingdom ....Respondent No.11
12. MR. RAMESH KOHLI (SINCE DECEASED)
Through His Legal Heirs A. MRS. SUNITA KOHLI W/o Late Mr. Ramesh Kohli R/o 31, Golf Links (Ground Floor)
New Delhi-110003. ....Respondent No.12(A)
B. MRS. KOKILA SINGH (KOKILA KOHLI)
D/o Late Mr. Ramesh Kohli, R/o 31, Golf Links (Ground Floor)
New Delhi-110003. ....Respondent No.12(B)
C. MR. SURYAVEER KOHLI S/o Late Mr. Ramesh Kohli R/o 31, Golf Links (Ground Floor)
New Delhi-110003. ....Respondent No.12(C)
D. MS. KOHLIKA KOHLI D/o Late Mr. Ramesh Kohli R/o 31, Golf Links (Ground Floor)
New Delhi-110003. ....Respondent No.12(D)
13. DR. MRS. INDIRA KOHLI BHATIA (SINCE DECEASED)
W/o Mr. B.L. Bhatia R/o C-4/144, Safdarjung Development Area, New Delhi-110016. ....Respondent No.13.
Through: Mr. Vineet Jhanji and Mr. Imran Moulaey, Advocates for R-4, 5, 7 and
11.
Ms. Pooja Chahar, Advocate for R12.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T
NEENA BANSAL KRISHNA, J.
1. A petition under Section 278 read with Section 232 of Indian Succession Act, 1925 has been filed on behalf of the petitioner seeking grant of Letter of Administration in respect of the last Will dated 27.10.2013 of Late Shri Man Mohan Kohli.
2. The petition was originally filed by Shri J.B. Kohli and Shri Rajive Sawhney Sr. Advocate, who were the named Executors in the Will but they both died during the pendency of the petition. Consequently the Petition was amended and Shri Bharat Mohan Kohli who is the beneficiary, was substituted who has sought Letter of Administration in respect of the Will of Late Shri Man Mohan Kohli.
3. It is submitted that the deceased Testator, Late Shri Man Mohan Kohli never got married and had no children of his own. He died on 23.03.2015 and left no Class I heirs, since his parents had pre deceased him. He was survived by five sisters and two brothers, who have all been arrayed as respondents. The Testator treated Bharat Mohan Kohli/ the petitioner, the son of his younger brother Shri J.B. Kohli/the erstwhile petitioner like his own son and he and his father, Shri J.B. Kohli, had been residing with the testator at his house in Friends Colony East, New Delhi, for the last about 20 years i.e. since 1993. The petitioner also performed the last rites of the Testator. The Testator left behind the following estate:
“(i.) House No. C-27, Friends Colony (East), New Delhi -110065 (ii.) 1/8th Share in property bearing No. 31, Golf Links, New Delhi-110003 ("Golf Links Property")
(iii) 1/8th Share in property bearing No.7 & 7A, Cross Road, Dehradun, Uttarakhand, (iv) 50% undivided share in the property, The Grange, Below Hampton Court School, Mussoorie, Uttarakhand ("Mussoorie Property"), (v) Movable assets including furniture, paintings, artifacts/objects in the Friends Colony Property and the Mussoorie Property (vi) Equity Shares, Mutual Funds, Bonds, Fixed Deposit Receipts (FDRs) and Bank Accounts. Details of the Bank Accounts and Deposits are as follows:
a) Savings Bank Account in Punjab National Bank, Khan Market, New Delhi-110003 (S.B. Ale No.
0149000100142123)
b) Saving Fund (Pension Account) deposit in State Bank of India, New Friends Colony Branch, M- 52,53, Ishwar Nagar, New Delhi - 110065 (S. B. A/c No. 10479319619)
c) Savings Bank Account in Yes Bank, D-12 South Extension, Part-II, New Delhi -110049 (Yes Bank AIC No. 001690700008657) (Opened in August, 2014)
d) Savings Bank Account in Kotak Mahindra Bank Limited, Defence Colony, New Delhi (S.B. A/c No.
5911286765)”
4. It is asserted that the Testator, prior to his demise, executed his last testament dated 27.10.2013 which was duly registered in the office of Sub-
Registrar on 28.10.2013. Under this Will, he named Shri Bharat Mohan Kohli, his nephew, as the sole beneficiary and bequeathed his entire estate in his favour. He also named Mr. J.B. Kohli and Mr. Rajive Sawhney as the two Executors of his Will who had initially presented the petition, but had died during the pendency of the petition.
5. The petitioner has stated that prior to his death, the Testator was suffering from lung cancer and was under the treatment for over 17 months. He, however, was leading a normal life otherwise and attended to all his personal matters. He was of sound, deposing and proper state of mind at the time when he executed the Will. He discussed the contents of the Will with Mr. Rajive Sawhney Sr. Advocate, who was also named as the Executor in the Will, on number of occasions till the Will in question was executed. The Testator made drafts written in his own hand writing of the Will and had shown them to Mr. Rajive Sawhney for approval. The Will was signed by the Testator in the presence of the witnesses namely Mr. Vineet Jain and Mr. Sandeep Sayal, each of whom had signed the Will in the presence of each other and under the directions of the Testator.
6. It is further explained that about less than two months prior to this registered W
