RAJNI KAPOOR vs STATE & ORS.

2023-12-19 Information

$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 19th December, 2023
+ TEST.CAS. 8/2019
RAJNI KAPOOR ….. Petitioner
Through: Mr. Siddharth Dutta, Ms. Neha Singh & Mr. Vishesh Goel, Advocates for petitioner as well as R-2.

versus

STATE & ORS. ….. Respondents
Through: None.

CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)
1. The petitioner, Rajni Kapoor, has filed the present petition under Section 276 of the Indian Succession Act, 1923 for grant of Probate in respect of Will dated 6th December 1996 executed by her mother, Late Smt. Prakash Devi Kapoor, under which she is one of the beneficiaries.
2. The petitioner has stated that the deceased Smt. Prakash Devi Kapoor was the resident of property bearing No. 92-92A,Ground Floor, Block No. 15,Double Storey, Lajpat Nagar-lV, New Delhi-110024. She was thesole and absolute owner of the immovable property bearing No. 92-92A, Block No. 15, Double Storey, Lajpat Nagar-lV, New Delhi-110024 admeasuring about 123.66 Sq. Yards, consisting of Ground Floor, First Floor, Second Floor and Third Floor (hereinafter referred to as suit property).
3. Late Smt. Prakash Devi Kapoor died on 06.04.2004 and is survived by her legal heirs who are the Petitioner/Rajni Kapoor and the respondent Nos. 2, 3 and 4, being her children. Smt. Prakash Devi Kapoor executed her last Will dated 6th December 1996, whereby she bequeathed the suit property in the following manner-
That I hereby devise and bequeath that ground floor of the said property i.e. 15/92-92A to my unmarried daughter Ms. Rajni Kapoor and similarly 1 hereby devise and bequeath the first floor of the said property to my son Shri Narinder Kapoor, similarly second floor of the said property to my son Shri Surinder Kapoor and third floor of the said property to my son Shri Satish Kapoor.
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That after the death of ray daughter, Ms. Rajni Kapoor, the ground floor of the property shall go to my youngest son, Narinder Kapoor exclusively.
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I hereby further devise and bequeath that any other property besides the above property which 1 may be owning at that time shall go to ray son, Narinder Kapoor, who had been obedient and had been serving and is still serving.
4. Citations were published in daily newspaper the Statesman (English), Delhi Edition and Rashtriya Sahara (Hindi) Delhi Edition on 08.11.2019.
5. The Respondent No. 2, Sh. Narinder Kapoor, respondent No.3 Shri Surinder Kapoor and respondent No. 4 Shri Satish Kapoor filed their respective Affidavits tendering their No-Objections to the grant of Probate.
6. The Valuation Report of the suit property was submitted by Assistant Collector, Defence Colony, South-East, New Delhi, valuing the property namely, No. 92-92A, Block No. 15, Double Storey, Lajpat Nagar-IV, New Delhi-110024 at Rs. 44,56,092/-.
7. Respondent No.2 Narinder Kapoor tendered his evidence by way of affidavit on behalf of himself, and the petitioner, being her next friend and guardian to prove the Will. He proved the execution of original Will of Smt. Prakash Devi Kapoor which is Ex.RW2/1.
8. PW2 Mr. Sandeep Nangia, and PW3 Mr. Raghunath Singh Negi are the two attesting witness to the Will dated 6th December 1996of Smt. Prakash Devi Kapoor Ex. RW2/1, who deposed that they were the witness to the Will i.e. Ex.RW2/1and identified their signatures at point C and D respectively. They further deposed in their respective testimony that the Will was signed by the deceased, in their presence and the testator was of sound and disposing mind at the time of signing the Will.
9. Submissions heard.
10. The mode for execution of Will is provided under Section 63(c) of the Indian Succession Act, 1925 which reads as under :
63. Execution of unpriviledged wills Every testator, not being a soldier employed in an expedition or engaged in actual warfare, I[or an airman so employed or engaged] or a mariner at sea, shall execute his will according to the following rules:-

(a) (b)***

(b) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.

11. The conditions for execution of a Will, as per the mandate of Clause (c) of Section 63, is 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.
12. The execution of the Will is proved by RW2 Sh. Narinder Kapoor who has deposed that the Will was executed by Smt.Prakash Devi Kapoor which is Ex.RW2/1.
13. 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.
14. Accordingly, PW2 Mr. Sandeep Nangia and PW3 Mr.Raghunath Singh Negi, the attesting witnesses have been examined, who have both deposed that the Will was signed by the testator Late Smt. Prakash Devi Kapoor in their presence. Further, they identified their signatures on the Will Ex. RW2/1 at point C & D respectively.
15. The testimony of the respondent No.2 as well as PW2 Mr. Sandeep Nangia and PW3 Mr. Raghunath Singh Negi, the attesting witnesses, has not been subjected to any cross-examination. The petition is not contested by any of the respondent Nos. 2 to 4, who are the heirs of the deceased and beneficiaries under the Will and they have filed their affidavits giving their No-objections to the grant of Probate. Also, no objection has been received from any third person pursuant to the citation.
16. The unchallenged and unrebutted testimony of the respondent No. 2 Sh. Narinder supported by the testimony of the two attesting witnesses namely PW2 Mr. Sandeep Nangia and PW3 Mr. Raghunath Singh Negi, proves the genuineness and the authenticity of the Will dated 6th December 1996 of Smt. Prakash Devi Kapoor, which is hereby held to be proved.
17. Probate in respect of the Will dated 6th December 1996 is hereby granted, subject to payment of requisite court fees.
18. Petitioner shall furnish Administrative Bond with one Surety to the satisfaction of the learned Joint Registrar General of this court.
19. The valuation the suit property filed by the Assistant Collector is on record.
20. On payment of the requisite court fee and other formalities noted above, the Probate in respect of the Will dated 06.12.1996 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
DECEMBER 19, 2023
va

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