Page 1 of 5

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

+

TEST CASE NO.84/2013

PRAVEEN SHARMA

..... Petitioner

Through

Mr. Rajat Aneja, Adv. with

Ms. Rashmi Verma and

Ms. Chandrika Gupta, Advs.

versus

STATE

.....Respondent

Through

None

CORAM:

HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (Oral)

1. The petitioner has preferred the present probate petition under

Section 276 of the Indian Succession Act (hereinafter referred to as

“the Act”) for grant of probate/letters of administration in respect of

the registered Will dated 15^th May, 1998 executed by Late Pandit

Sham Lal Sharma (hereinafter referred to as “the deceased”) who

died on 28^th January, 2004 at Delhi.

2. It has been stated by the petitioner, daughter-in-law of the

deceased that the deceased left behind the following class I heirs:

(i) Smt. Krishna Devi (widow).

(ii) Shri Kulbhushan Sharma (Son).

(iii) Shri Jai Prakash (Son).

2014:DHC:6224

Page 2 of 5

(iv) Smt. Nisha (grand-daughter).

(v) Smt. Praveen Sharma(daughter-in-law), petitioner herein.

A list of the near relations of the deceased are set out at page

Nos. 14 & 15 of the petition.

3. It is stated that the deceased was the owner of half portion of

the property bearing No. H-34, Main Market, Rajouri Garden, New

Delhi- 110027 (hereinafter referred to as the “suit property”) which

devolved upon him after the death of his father, Late Shri Ganesh

Dutt Sharma. The remaining half share devolved upon the brother of

the deceased. Vide Judgment and decree dated 21^st December,

2012, this Court in CS(OS) No. 306/2000 titled as Pt. Sham Lal

Sharma vs. Uttam Chand Sharma the said property was partitioned in

terms of the site plan filed by the parties therein on the basis of a joint

application filed under Order 23 Rule 3 CPC in that suit. Though the

suit was filed in the year 2000 by the deceased against his brother for

partition, during the pendency of the suit, the deceased expired on

28^th January, 2004 and thereafter the said suit was pursued by the

petitioner herein and none of the legal heirs of the deceased had any

objections thereto.

4. As per the said Will, the suit property of which the deceased is

the owner, has been bequeathed upon the petitioner. The particulars

and description of the estate of the deceased which is likely to come

into hands of the petitioner has been set out in List A to the petition.

5. Notice of the petition was issued vide order dated 18^th

November, 2013. Vide the same order citations were also directed to

2014:DHC:6224

Page 3 of 5

be published in the English daily ‘Statesmen’ and one Hindi daily ‘Jan

Satta’.

6. Issues in this matter were framed vide order dated 24^th

January, 2014. Citations were published in the above-said

newspaper on 27^th June, 2008. Valuation reports dated 1^st April, 2014

giving valuation of half of the suit property and valuation report dated

23^rd January, 2014 giving valuation of whole of the suit property have

been filed.

7. In the course of proceedings, an application being I.A. No.

6677/2014 was filed by the petitioner seeking modification of order

dated 18^th November, 2013 to the extent of change of name of

newspaper from ‘Jan Satta’ to ‘Veer Arjun’ for the purpose of

publication of citation. It was contended that the petitioner is a poor

person and cannot afford the expenses of the newspaper ‘Jan Satta’.

The said application was allowed and order dated 18^th November,

2013 was modified accordingly vide order dated 4^th July, 2014.

8. Evidence by way of affidavit was filed on behalf of the

petitioner, as Exhibit PW-1/X and was examined as PW-1to prove the

contents of the petition. Certain documents exhibited as Ex.PW-1/1 to

Ex. PW-1/13 in support of its case are filed and the same are as

follows :

(i)

Original Death Certificate of Late Pandit Sham Lal Sharma,

exhibited as Exhibit PW-1/1.

(ii) True copy of the Will dated 15^th May, 1998, exhibite