MRS SHARDA RELAN vs STATE & ORS

2024-04-03 Information

$~31

* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision:3rd April, 2024
+ TEST.CAS. 4/2017
MRS SHARDA RELAN ….. Petitioner
Through: Ms. Vidhi Goel, Mr. Krishna Dev Yadav and Ms. Bhavi Midha, Advocates.
versus
STATE & ORS ….. Respondents
Through: None for R2.
CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)
I.A. 4832/2024 (under Section 151 CPC, 1908 filed by the petitioner seeking exemption from filing Administration Bond and Surety Bond on behalf of the petitioner)

1. The present application under Section 151 CPC, 1908, has been filed on behalf of the petitioner seeking exemption from filing of Administration Bond and Surety Bond.
2. None present on behalf of the respondent No. 2. The respondent No. 2 is proceeded ex-parte.
3. It is submitted that the Probate has been granted in respect of the Will dated 22.03.2012 of Sh. Narinder Dev Relan vide Judgment dated 17.07.2023. The petitioner has been directed to submit the Indemnity and the Administration Bond and also to make the payment of the requisite court fees/stamp duty. The petitioner has already received e-court fee amounting to Rs.1,99,55,389/-, which has been deposited with the Registry.
4. The petitioner seeks exemption from filing the Administration Bond and Surety Bond, on the ground that she is the sole beneficiary to the Registered Will dated 22.03.2012. Section 291 of the Indian Succession Act, 1925 requires the petitioner to furnish the Administration Bond and Surety Bond, but it is not applicable in the present case as the petitioner is the sole beneficiary. It is, therefore, submitted that she be exempted from furnishing the Administration Bond and Surety Bond.
5. Learned counsel had appeared on behalf of the respondent No. 2 and sought time for filing a reply but today, none has appeared on behalf of the respondents.
6. Submissions heard.
7. The Probate has been granted in respect of the Will dated 22.03.2012, in favour of the petitioner, who is the wife of the Testator, Late Sh. Narinder Dev Relan. The respondent Nos. 2 and 3 are the two sons. The respondent No. 3 had given his No Objection to the grant of Probate, while the respondent No. 2 had contested the Petition and had filed his objection.
8. Considering that the Probate has been granted exclusively in the name of the petitioner after considering of the objections filed on behalf of the respondent No. 2, the petitioner is hereby exempted from submitting the Administration Bond and Surety Bond.
9. The application is accordingly allowed.

(NEENA BANSAL KRISHNA)
JUDGE
APRIL, 03, 2024/RS

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