OM PRAKASH ARORA vs THE STATE (NCT OF DELHI) & ORS.

2024-01-04 Information

* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 11th December, 2023
Pronounced on: 04th January, 2024

+ TEST.CAS. 63/2019
OM PRAKASH ARORA
S/o Girdhari Lal
R/O A-5B/245, Shanti Kunj,
A-5B SFS flats, Paschim Vihar,
New Delhi 110063
Email Id: opa9@hotmail.com ….. Petitioner No.1
Through: Mr. Rohit Kumar, Advocate.

versus

THE STATE (NCT of Delhi) ….. Respondent No.1
MEDHA CHUGH
D/O Late Sh Vinod Kumar,
R/O House No RZ-55B, Santosh Park,
Uttam Nagar, New Delhi 110059 ….Respondent No. 2

TANVI CHUGH
D/O Late Sh Vinod Kumar,
R/O House No 7312, Behind Supermart 2
DLF Phase 4 Chakarpur (74), Chakkarpur,
Gurgaon Haryana, 122002 …..Respondent No. 3
Through: Ms. Pavitra Kaur, Advocate for R1.

CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T
NEENA BANSAL KRISHNA, J.
1) The petitioner, Mr. Om Prakash Arora, has filed the present petition under Section 276 of the Indian Succession Act, 1923 for grant of Probate in respect of Will dated 28th December, 2015 executed by his brother Shri Vinod Kumar, of which he is the executor.
2) The petitioner has stated that the deceased Shri Vinod Kumar was a resident of B-3-B/56-B, Janakpuri, New Delhi 110056. He was the sole and absolute owner of two self-acquired immovable properties namely, i) a flat bearing No. 56-8, Block B-3-B, Janakpuri, New Delhi 110058 (hereinafter referred to as the Delhi suit property) and ii) Flat no I-A/24 situated at Air India Housing Complex, Plot no 24, Sector No 27, Seawood, Nerul, Navi Mumbai, 400706, Maharashtra (hereinafter referred to as the Mumbai suit property).
3) Shri Vinod Kumar died on 19.05.2016 and is survived by his legal heirs respondent no. 2, Medha Chugh and respondent No. 3 Tanvi Chugh, being his two daughters. During his life time, Shri Vinod Kumar executed his last Will dated 28th December, 2015, whereby he bequeathed the immovable properties owned by him in the following manner-
4. I hereby give, devise and bequeath the Flat no 56-B, Block B-3-B , Janakpuri, New Delhi 110058 owned by me to my elder daughter Medha Chugh having Aadhar card no 4100 2813 7108, absolutely and forever to the exclusion of my other heirs.
5. I hereby give, devise and bequeath the Flat no l-A/24 situated at Air India Housing Complex, Plot no 24, Sector No 27, Seawood, Nerul, Navi Mumbai, owned by me vide sale deed registered vide document no. 9791/2015 dated 11-12-2015 by Jt Sub Registrar Thane 8, to my sister in law (Bhabhi) Smt Saroj Arora (having Aadhaar card no 6927 3386 5940) wife of my brother Om Prakash Arora absolutely and forever to the exclusion of my Other heirs.

4) He stated his brother Om Prakash Arora shall be the sole executor of his Will.
2. I hereby appoint my brother Om Prakash Arora, having Aadhar card no. 4622 6178 0053 as sole executor of this my will and he will be entitled to apply and obtain probate from the court of competent jurisdiction without being required to furnish any security.

5) A prayer is, therefore, made that a Probate in respect of the last Will dated 28th December, 2015 of Late Shri Vinod Kumar may be granted and all the movable and immovable assets may be transferred in terms of the last Will.
6) Citations were published in daily newspaper ‘The Statesman’ Delhi, English Edition, ‘Nav Bharat Times’ Delhi, Hindi Edition, ‘Mumbai 7′ English Edition and Nav Bharat Times’ Mumbai, Hindi Edition on 2.12.2022.
7) The legal heirs of the deceased Shri Vinod Kumar, Respondent Nos. 2 and 3 filed their Affidavit containing their No-Objection.
8) The Valuation Report in respect of Flat No. 56-8, Block B-3-B, Janakpuri, New Delhi 110058 was submitted by Tehsilsar, Dwarka valuing the said property at Rs 46,68,000/-.
9) The Valuation Report in respect of Flat no I-A/24 situated at Air India Housing Complex, Plot no 24, Sector No 27, Seawood, Nerul, Navi Mumbai, 400706, Maharashtra was submitted by Sub-Divisional Officer, Thane valuing the said property at Rs 1,15,59,500/-.
10) The petitioner to prove the Will, examined himself as PW1 and tendered his affidavit as Ex. PW1/X to prove the execution of original Will of Late Shri Vinod Kumar which is Ex.PW1/1. He also proved the original Death Certificate of his brother as Ex.PW1/2.
11) PW2 Mr. Ramesh Kumar, one of the attesting witness to the Will dated 28.12.2015 of Shri Vinod Kumar i.e. Ex. PW1/1, tendered his evidence by way of affidavit. He deposed that he was one of the witnesses to the Will i.e. Ex.PW1/1 and that he knew Shri Vinod Kumar since 1976. The Will was signed by the deceased, him and the other attesting witness, Mr. Anshuk Batra in the presence of each other and that the testator was of sound and deposing mind at the time of signing. He also produced a copy of his Aadhaar Card, exhibited as PW-2/1.
12) Submissions heard.
13) Section 63(c) of the Indian Succession Act, 1925 provides for the mode for execution of Will. It states that it must be attested by two or more witnesses, each of whom should have seen the testator sign or put his mark on the Will. The Will must be signed by the witnesses in the presence of the testator, but it is not necessary that more than one witness should be present at the same time.
14) To prove the execution of Will Petitioner Om Prakash appeared as PW-1 and deposed that the deceased Shri Vinod Kumar executed his last Will on 28.12.2015. The immovable properties as stated in the Will were the self-acquired properties of the deceased.
15) Section 68 of Indian Evidence Act further provides the mode of proof of the Will and requires that at least one attesting witness to the Will must be examined.
16) Accordingly, Mr. Ramesh Kumar one of the attesting witnesses in his evidence by of affidavit, has deposed that the Will was signed by the testator Late Shri Vinod Kumar in his presence. Further, he and the other testator had also signed the Will in the presence of each other.
17) The petition is not contested by the respondent Nos. 2 and 3 who are the legal heirs of the deceased. They have filed their respective affidavits giving their No-Objection to the grant of Probate. Also, no objection has been received from any third person, pursuant to the citation.
18) The uncontested testimony of the PW-1, the petitioner and PW2, Mr Ramesh Kumar, has proved the Will Ex.PW1/1 as the last and final Will of deceased Shri Vinod Kumar.
19) The unchallenged and unrebutted testimony of PW-1/petitioner is supported by the testimony of the attesting witness namely PW2 Mr. Ramesh Kumar, proves the genuineness and the authenticity of the Will dated 28.12.2015 Ex PW1/1 of Shri Vinod Kumar, which is held to be proved.
20) Probate in respect of the Will dated 28.12.2015 is hereby granted in favour of the Petitioner, the named Executor, subject to payment of requisite court fees.
21) Petitioner shall furnish Administrative Bond with one Surety to the satisfaction of the learned Joint Registrar General of this court.
22) The valuation of both properties filed by the Tehsildar concerned, is on record.
23) On payment of the requisite court fee and other formalities noted above, the Probate in respect of the Will dated 28.12.2015 shall be issued by the Registry.
20. The petition stands allowed and accordingly disposed of in the above terms.
21. List before the Joint Registrar on 10.01.2024 for depositing of the bond.

(NEENA BANSAL KRISHNA)
JUDGE

JANUARY 04, 2024/nk

Test Cas. 63/2019 Page 6 of 6