JUDGMENT

1. The present petition has been filed by the petitioners under Section 276 of the Indian Succession Act, 1925, seeking grant of Letters of Administration with Will annexed, in respect of the moveable and immovable properties left behind by her late maternal aunt - Ms. Vidya Wanti Bagga alias Ms. Ved Bagga (the “testatrix”).

2. The Letters of Administration with Will annexed are sought with respect to the following movable/immovable properties, as specified in the Will dated 19.03.2013 of the testatrix:

i. Undivided half share in the built up double storey residential property admeasuring 334.453 sq. meters, bearing No. M-145, Greater Kailash Part-II, New Delhi 110048 in favour of the petitioner no.1.

ii. Residential flat No. 1006, admeasuring 89.522 sq. meters situated within the Housing Complex of United Friends Cooperative Group Housing Society Ltd., Plot No. 9, Sector 6, Dwarka, Phase-I, New Delhi 110075 in favour of petitioner nos. 1-3 jointly.

iii. Amount lying in FDRs/Saving Bank Account of the testatrix in Canara Bank, M Block Market, Greater Kailash-II, New Delhi in favour of petitioner no.4.

3. Further, it is submitted that the testatrix had made a declaration in her Will dated 19.03.2013 that she had deposited some amount with Mr. Sudhir Khurana’s Company namely Praveer Construction Pvt. Ltd. and had ordained petitioner no.2 and respondent no.3 to realize and distribute the same amongst petitioner nos. l and 4. The petitioners and respondent no. 3 have not been able to trace out either Mr. Sudhir Khurana or his said company and therefore the said amount has not been claimed in the present petition, however, the petitioners have sought leave of this court to add the said amount to the estate of the testatrix, if traced out by the petitioners.

4. It is submitted that the petitioner no.1 (Mrs. Anita Sachdeva) is the niece of the testatrix, and petitioner no.2 (Mr. Sushil Ahlawat) and petitioner no.3 (Mr. Neil Ahlawat) are the husband and the son of petitioner no.1 respectively. It is further submitted that petitioner no.4 (Mrs. Kiran Sachdev) is the real sister of petitioner no.1, and respondent no.3 (Mrs. Shanta Sachdeva) is the mother of petitioner nos.1 and 4, and also the biological sister of the testatrix.

5. The petitioner nos. 1, 2, 3 and 4 are stated to be permanent residents of USA and petitioner nos. 1, 2 and 4 have executed a special power of attorney in favour of Shri Satish Kumar Ahlawat who is the brother of the petitioner no.2 and is stated to have personal knowledge about the present petition filed by petitioners. Shri Satish Kumar Ahlawat has examined himself as special attorney of petitioner nos.1, 2 and 4 by way of affidavit (Ex.PW-2/A) and has proved the Special Power of Attorney (Ex.PW-2/5).

6. It is stated that the testatrix was an Indian National and was a resident of M-145, Greater Kailash Part-II, New Delhi-110048. It is further stated that the testatrix died unmarried and issueless on 03.11.2017.

7. It is averred in the petition that the testatrix had during her lifetime executed a Will dated 19.03.2013, which is her last Will and testament in respect of her movable and immovable properties, in the presence of the following two Attesting witnesses:

i. Ms. Bharti, D/o Radhey Shiam, R/o Flat No. 102, Tower 3, Beverly Park, Pocket 2, Sector 22, Dwarka, Delhi-110077.

ii. Ms. Bhagwant Singh.

8. Notice was issued in the present petition on 09.05.2018, with a direction that citation be published in “the Statesman” (English) Delhi edition and “Jansatta” (Hindi) Delhi edition. It was also directed that a valuation report with respect to the concerned immovable properties be filed by the State and Chief Revenue Controlling Officer.

9. Vide Order dated 24.07.2018 passed by the Ld. Joint Registrar (Judicial) in the present petition, it was recorded that the citations in the Newspapers “the Statesman” and “Jansatta”, both dated 04.07.2018, have been filed.

10. Vide Order dated 11.07.2018 passed by the Ld. Join