RAJAT THAKUR vs STATE- GOVT. OF NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 06.12.2023

+ TEST.CAS. 10/2023 & I.A. 17549/2023
IN THE MATTER OF:
RAJAT THAKUR ….. Petitioner
Through: Mr. Anuj Rajput, Advocate (M:9312508815).
versus

STATE- GOVT. OF NCT OF DELHI & ANR ….. Respondents
Through: Mr Aayush B. Paranjpe, Advocate for respondent No.2 (M:8447023561)
CORAM:
HON’BLE MR. JUSTICE MANOJ KUMAR OHRI

JUDGMENT (ORAL)

1. The present petition has been instituted under Section 278 of the Indian Succession Act, 1925 whereby the petitioner seeks grant of Letters-of-Administration/Probate of the last and final Will dated 03.09.2012 (hereafter, ‘the Will’) executed by Late Smt. Rama Thakur (hereafter, ‘the testatrix’).
2. The present petition has been preferred by the son of the testatrix, namely Sh. Rajat Thakur. Respondent No.2 herein is the sister of the petitioner i.e. the daughter of the testatrix.
3. The petitioner claims that during her lifetime, the testatrix was the ordinary resident of House No. E-108, Ground Floor, Kalkaji, New Delhi-110019. She executed the Will thereby bequeathing the following moveable and immoveable properties in favour of the two beneficiaries:-
A. Immovable Assets/Properties:-
i) “Entire Ground-Floor” & “25% undivided-share in Stilt-Area (for Parking)” of Property No. E-108, Kalkaji, New Delhi-110019.

B. Movable Assets/ Properties:-
i) Bank-Account bearing A/c No. 1041222699, in Central Bank of India, Kalkaji Branch, Shop Nos. 57-58-59, Krishna Market, Kalkaji, New Delhi- 110019.

ii) Bank-Account bearing A/c No. 1041206734, in Central Bank of India, Kalkaji Branch, Shop Nos. 57-58-59, Krishna Market, Kalkaji, New Delhi-110019.

iii) Locker No. 702 in Central Bank of India, Kalkaji Branch, Shop Nos. 57-58-59, Krishna Market, Kalkaji, New Delhi-I I 0019

4. In the Will, testatrix has categorically stated that she was the absolute owner of the aforesaid moveable and immoveable assets. Citations were directed to be published by an order of this Court dated 27.02.2023 in two leading newspapers namely “Hindustan Times” English Newspaper, Delhi Edition and “Navbharat Times”, Hindi Newspaper, Delhi Edition. In response to the citations, no member of the public came forward and filed any objection. It is stated that Respondent no. 2 herein, is also agreeable to the grant of Letters-of-Administration/Probate as per law, in favour of her brother/Sh. Rajat Thakur/petitioner herein; and hence, the present petition has been filed so that there is no impediment in the future at any stage qua managing/dealing with the property/assets left behind by Late Smt. Rama Thakur, and for subsequent distribution thereof between both the beneficiaries (brother & sister) in equal proportion. In addition, respondent No.2 i.e. the daughter of the testatrix has already filed her affidavit cum NOC in favour of the petitioner and further did not wish to file any written statement/objection to the present petition as recorded in the order dated 27.03.2023.
5. The Will was further verified by two attesting witnesses i.e., Smt. Sushma Malhotra and Smt. Preet Oberoi. Smt. Sushma Malhotra got herself examined as PW-1 and stated that the Will, exhibited as Ex.PW1/1, was executed and signed by the testatrix in her presence. She further identified the signatures of the testatrix on the Will at Points B, C and D on the first, second and third page and her own signature at Point A. She also stated that the other attesting witness namely Smt. Preet Oberoi had also put her signature on the said document, who at present is not traceable.
6. The Petitioner herein appeared and got himself examined as PW-2. He further proved and exhibited the relied upon documents. The Will was exhibited as Ex.PW2/L and the Death Certificate of his mother i.e., the testatrix was exhibited as PW2/D. He further deposed that the testatrix was the exclusive and absolute owner of the aforementioned immovable and movable properties. Further, it is the pleaded case of the petitioner that the testatrix was of sound health and disposing mind at the time of execution of the Will.
7. The petitioner had also examined other formal witnesses namely, one Ms. Anju, Senior Assistant, Sub-Registrar V, Mehrauli, New Delhi as PW-3 who deposed with respect to the Will and one Ms. Neha Kumari, Assistant Manager, Central Bank of India, Kalkaji Branch (Branch Code No. 308) at K-59/2 (Opposite HDFC Bank), New Delhi as PW-4 who deposed with respect to the two Savings Accounts bearing A/C No.1041222699 and 1041206734.
8. From the above, it is established that Late Smt. Rama Thakur had executed her last and final Will on 03.09.2012 which was duly attested by two other attesting witnesses namely Smt. Sushma Malhotra and Smt. Preet Oberoi, one of whom has appeared and proved the Will. It has also come on record that at the time of the execution of the Will, the testatrix was of sound health and disposing mind. The Will has not been opposed by any of the legal heirs or any other member of the public.
9. Thus, in the considered opinion of this Court, there is no impediment in allowing the petition, subject to petitioner furnishing the court fees/stamp duty and execution of administration and security bond.
10. The petition is accordingly disposed of alongwith the pending application.

MANOJ KUMAR OHRI
(JUDGE)
DECEMBER 06, 2023
ga

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