MR. HREESH KENTH & ANR. vs STATE & ORS.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:-19th March, 2024.
+ TEST.CAS. 19/2023 & I.A. 6486/2024
MR. HREESH KENTH & ANR. ….. Petitioners
Through: Mr. Amar Gupta & Mr. Zain Maqbool, Advs. (M-9811352710)
versus
STATE & ORS. ….. Respondents
Through: Mr. Abhinav Garg (Panel Counsel for GNCTD) with Mr. Mihir Gujjewar, Adv. for R-1. (M: 9810196968)
Mr. Rajiv K Nanda & Mr. Yash Yadav, Advs. for R-2 to 8. (9899448914)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUDGMENT
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The present petition under Section 276 of the Indian Succession Act, 1925 seeks grant of probate in respect of the last and final Will of late Smt. Raj Kumari Kenth (`Testatrix) dated 19th January, 2012. The t estatrix was married to late Shri. Sohan Lal Kenth and had eight children named below:
(i) Mr. Tirath Ram Kenth (son) (Petitioner No. 2)
(ii) Mr. Hreesh Kenth (son) (Petitioner No. 1)
(iii) Mr. Permosh Lal Kenth (son) (Respondent No. 2)
(iv) Mr. Kishore Kumar Kenth (son) (Respondent No. 3)
(v) Late Mr. Pradeep Kumar Kenth (son)
(vi) Mr. Pawan Kenth (son) (Respondent No. 4)
(vii) Mrs. Sheila Devi Kambo (daughter) (Respondent No. 5)
(viii) Mrs. Leela Suman Taheem (daughter) (Respondent No. 6)
3. The Will dated 19th January, 2012 has been placed on record. The various movable and immovable properties which were owned by her are mentioned in paragraphs 4 and 6 of the petition which are set out below:
Immovable Assets
(i) Freehold commercial-cum-residential property bearing no. R4, measuring 408 square yards, situated at Green Park, New Delhi, India (having built up area of approx. 7000 square feet building);
(ii) Leasehold commercial premises bearing no. 212, measuring 689 square feet, situated Ansal Chambers, 6 Bikaji Cama Place, Delhi, India;
(iii) 50% share in the freehold premises bearing no. 215, measuring 250 square yards, situated in Sector 6, Panchkula, Haryana, India (2 storey building, having built up area of 2000 square feet); and
(iv) Freehold premises bearing no. A-2901, measuring 410 square yards, situated in Greenfields, Faridabad, India.
Movable Assets
(i) NRE Fixed Deposit Account bearing no. 1994.103.2453 held with Canara Bank, branch at 16, Barakhamba Road, New Delhi-110001;
(ii) NRO Savings Account bearing no. 1994.407.743 held with Canara Bank, branch at 16, Barakhamba Road, New Delhi – 110001;
(iii) NRO Savings Account bearing no. 1994.407.847 held with Canara Bank, branch at 16, Barakhamba Road, New Delhi – 110001;
(iv) NRE Fixed Deposit Account bearing no. 0988.303.000.8350 held with Oriental Bank at Sector 11, Panchkula, Haryana;
(v) NRE Fixed Deposit Account bearing no. 2488.300.003.275 held with Bank of Baroda at SCO 22, Sector 11, Panchkula 134109, Haryana;
(vi) NRO Savings Account bearing no. 2488.300.003.276 held with Bank of Baroda at SCO 22, Sector 11, Panchkula 134109, Haryana;
(vii) NRO Savings Account bearing no. 2488.010.000.5905 held with Bank of Baroda at SCO 22, Sector 11, Panchkula 134109, Haryana;
(viii) Savings Account bearing no. 602.001.010.009.816 held with Vijaya Bank at Ansal Chamber 2, Flat No. Ug 27/35, 6 Africa Avenue, Bikaji Cama Place, New Delhi 110066;
(ix) Fixed Deposit dated 9 March 2010 held with State Bank of Patiala, Branch No. 0387 situated at House No. 199, Sector 7, Panchkula, Haryana maturing on 9 March 2012;
(x) Fixed Deposit dated 28 March 2011 held with State Bank of Patiala, Branch No. 0387 situated at House No. 199, Sector 7, Panchkula, Haryana maturing on 28 March 2013; and
(xi) Savings account bearing no. 2488.030.000.3319 with Bank of Baroda at SCO 22, Sector 11, Panchkula 134109, Haryana jointly with Mr. Tirath Ram Kenth (Petitioner No. 2) and Mr. Hreesh Kenth (Petitioner No. 1).
4. The testatrix passed away on 18th February, 2021. As per the Will, late Smt. Raj Kumari Kenth appointed two of her sons namely the Petitioners- Mr. Hreesh Kenth and Mr. Tirath Ram Kenth as the executors of her Will. Two of the Petitioners are the sons who are also the executors of the Will. Out of the remaining children, one son Mr. Pradeep Kumar Kenth has predeceased her on 2nd December, 2016. The remaining children are arrayed as Respondent Nos. 2 to 6 and the children of the pre-deceased son are arrayed as Respondent Nos. 7 and 8.
5. The Court has perused the notarised copy of the Will. As per the said Will, the testatrix has bequeathed all her movable and immovable properties equally in favour of her six sons. The daughters are married and the testatrix has not bequeathed any of her assets in her favour. The relevant portions of the Will are set out below:
11. That both my daughters are married and they are living separately with their husbands. They have been properly and well provided for during their marriage. They are therefore not given any share in my properties under this will.
12. That upon my death, I direct my Executors above named, to pay all my funeral expenses, administration expenses of my estate, including inheritance and succession taxes, state or federal, which may be occasioned by the passage of or succession to any interest in my estate under the tams of this instrument, and all my debts wherever incurred and accumulate all income (if any), money, investments and property from time to time from the above detailed Movable and Immovable Assets.
13.That I hereby bequeath and devise the above detailed properties and assets (Immovable Property and the Movable Property or any other additional property acquired by me or any property acquired in substitution on of the above described properties), upon my death to be equally devolved, distributed and owned by my six sons, namely Mr. Hreesh Kenth, Mr. Tirath Ram Kenth, Mr. Permosh Lal Kenth , Mr. Kishore Kumar Kenth, Mr. Pradeep Kumar Kenth and Mr. Pawan Kenth without any objection from any of my other legal heirs and successors and further declare that they shall have the complete and· absolute right to deal with the same in any manner they may like. If any of my children predecease me then his respective share shall devolve upon their children in the same ratio as would have devolved upon my child.
6. It is not in dispute that the testatrix and the family live in the United Kingdom (U.K.). The Will shows that she has signed in Hindi and one of the witnesses has mentioned that the Will has been read in her mother tongue i.e., Punjabi and that she understood and agreed to its contents.
7. One of the witnesses i.e., Mr. John Samuel Billane, has given an affidavit stating that he was present in the U.K. residence of the testatrix i.e., 727 Warwick Road, Solihull, B91 3DA, U.K. on 19th January, 2012 which was the date of the execution of the Will.
8. An application being I.A.6486/2024 has been moved on behalf of the Petitioners with an affidavit of Mr. Tirath Ram Kenth- Petitioner No.2 to the effect that the original Will of the testatrix is not traceable. However, the notarized copy of the Will, which was notarized in the U.K. at the time when the testatrix was alive, has been produced in original. The Court has seen the notarized copy. Same contains a remark of the notary to the following effect.
CERTIFIED TRUE AND CORRECT COPY OF DOCUMENT PRODUCED APPEARING ORIGINAL Raj A Padhiar Notary Public
9. The Will itself has been attested by a public notary in the UK on 19th January, 2012. The death certificate issued by the Registrar of Births and Deaths, Birmingham has been placed on record. On behalf of the Petitioner- Mr. Amar Gupta, ld. Counsel submits that all the legal heirs have given their no objection to the grant of probate and, thus, no evidence would be required.
10. The other legal heirs are represented by Mr. Rajiv Nanda, ld. Counsel for the Respondent Nos. 2 to 8. The vakalatnama executed by all the legal heirs in favour of Mr. Rajiv Nanda, ld. Counsel is on record.
11. The affidavits are identical in nature and the Court has perused the said affidavits. As per the affidavits, all the Respondent Nos. 2 to 8 have given their no objection to the grant of the probate.
12. The SDM has also given his report valuing the immovable properties. Insofar as the property in Panchkula is concerned, the valuation has been submitted by the Department of Civil Engineering, Punjab Engineering College.
13. The valuation which has been affixed for each of the properties are as under:
Sr. No.
PARTICULARS
VALUATION
SDM VALUATION
(i)
Green Park Property
(Freehold commercial-cum-residential property no. R4, measuring 408 square yards land, situated at Green Park, New Delhi)
INR 8,47,82,000
INR 17,36,03,969
(ii)
Bikaji Cama Place Property
(Leasehold commercial premises bearing no. 212, measuring 689 square feet, situated at Ansal Chambers, 6 Bikaji Cama Place, New Delhi)
INR 64,52,000
INR 80,64,000
(iii)
Panchkula Property
(Freehold premises bearing no. 215, measuring 250 square yards, situated at Sector 6 Panchkula, Haryana)
INR 94,56,500
Fair market Value-
INR 6,59,75,000
Realizable Value-
INR 5,93,77,000
Guideline Value-
INR 2,36,98,800
(iv)
Greenfields, Faridabad Property
(Freehold premises bearing no. A-2901, measuring 410 square yards, situated in Greenfields, Faridabad)
INR 1,35,30,000
INR 1,64,00,000
14. It is the settled legal position that in cases where there is no contest in respect of a Will or testament, the Court does not compulsorily need to direct adducing of evidence by the parties.
15. The Court has perused the notarised copy of the Will as also all the documents on record including the affidavits of no objection and the valuation reports. This Court is of the opinion that this is a fit case for grant of probate.
16. It is submitted by ld. Counsel for the Petitioner that the four bank accounts i.e., one account in Canara Bank, one account in Oriental Bank and two accounts in Bank of Baroda are not traceable and hence probate in respect of these bank accounts is currently not being sought. The details of the bank accounts are as under:
(i) NRO Savings Account bearing no. 1994.407.743 held with Canara Bank, branch at 16, Barakhamba Road, New Delhi- 110001.
(ii) NRE Fixed Deposit Account bearing no. 0988.303.000.8350 held with Oriental Bank at Sector 11, Panchkula, Haryana.
(iii) NRE Fixed Deposit Account bearing no. 2488.300.003.275, held with Bank of Baroda at SCO 22, Sector 11, Panchkula 134109, Haryana
(iv) NRO Savings Account bearing no. 2488.300.003.276 held with Bank of Baroda at SCO 22, Sector 11, Panchkula 134109, Haryana
17. An affidavit to this effect has been filed by one of the executors namely Mr. Hreesh Kenth stating that the probate in respect of these four bank accounts is being given up.
18. In view of the above and since there is no objection to grant of probate, the probate is granted in terms of the prayer clause in the petition as extracted herein below:
(a) Allow the present Petition and grant the probate of the Will dated 19 January 2012 of Late Mrs. Raj Kumari Kenth in favour of the Beneficiaries with respect to the Properties and Movable Assets mentioned in Schedule-A;
19. Accordingly, probate is granted in respect of the Will dated 19th January, 2012 of Smt. Raj Kumari Kenth in favour of the beneficiaries in the above terms.
20. Application I.A.6486/2024 is allowed. Notarized copy is taken on record.
21. The probate be drawn up by the Registry upon completion of all formalities which are required.
21. Petition is disposed of in these terms. All pending applications, if any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MARCH 19, 2024/dk/dj/bh
TEST.CAS. 19/2023 Page 2 of 2