Tuesday, July 1, 2025
Latest:
delhihighcourt

TEJBIR SINGH vs STATE & ORS.

Information

$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 10th April, 2024
%
+ TEST.CAS. 14/2019

TEJBIR SINGH ….. Petitioner
Through: Mr. Amit Goel, Advocate

versus
STATE & ORS. ….. Respondents
Through: Mr. Jeevesh Nagrath, Mr. Arjun Gaur & Mr. Rajat Gupta, Advocates for R-3 to 5.
Mr. Aditya Trehan, Advocates for R-6 & R-8.
Ms. Aakanksha Kaul & Ms. Versha
Singh, Advocates for R-7.
CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)

1. The petitioner, Mr. Tejbir Singh, the Sole Executor, has filed the present Probate Petition under Section 276 read with Section 222 of the Indian Succession Act, 1925, for grant of Probate in respect of the last Will dated 06.04.2012 executed by Late Shri Sardar Gurbhajan Singh Mann (Testator).
2. The petitioner has stated that the Testator was a resident of 12 Tilak Marg, New Delhi-110001. He was the sole and absolute owner of :–
Immovable Properties –
a) Flat no. 703, Ansal Bhawan, Kasturba Gandhi Marg, New Delhi – 110001;
b) Flat No. 414- A, World Trade Centre, Babar Lane, Near Bengali Market, Connaught place. New Delhi – 110001;
c) Flat bearing no. 328, Third Floor, Tower C-II, Vatika Infotech Park, Faridabad, Harayana ;
d) Flat No. 1016, 10th Floor, Plot No. 11, DLF Tower-B, Jasola, New Delhi- 110044.

Movable Properties –
a) Vehicles- Car bearing registration no. DL-3C-BL-3904 (Swift Dzire, Model 2010) and Car bearing registration no. (DL 3CCE 3795 Toyota Camry, Model 2016).
b) Bank Accounts – (i) Savings bank account no. 13581000007410 with HDFC Bar Khan Market Branch, New Delhi 110003; and (ii) Current bank account no. 0129002100161678 with Punjab National Bank, Minto Road, New Delhi 110003;
c) Shares and Debentures-

d) Mutual Funds –

e) Others- Entitlement for Compensation of Rs. 40 lacs from Department of Education, Government of Himachal Pradesh for acquisition of Shimla Bungalow, Koteshera House, Shimla.

Excluded Properties
(As Sold By The Deceased After Execution Of The Will And During His Lifetime)
a) Haveli in Village Aspal, District Muktsar, Tehsil Malout, Punjab along with agriculture land admeasuring 7 acres 1 Kanal 11 marlas
b) Agricultural land located at Aspal village, District Muktsar, Tehsil Malout, Punjab, admeasuring 37 acres.
c) Unit No. 01/1015 and 01/1017 at l0th Floor in Classique Tower, Rajouri Garden, New Delhi- 110027, admeasuring 456 sq. ft. and 644 sq. ft respectively.
d) Fixed Deposits with HDFC Bank Khan Market Branch, New Delhi 110003 bearing Customer Id 30838928
e) Car bearing registration no. (DL-2C-Q-6030 Skoda).

3. The testator, Late Shri Sardar Gurbhajan Singh expired, unmarried and without any children, on 04.01.2018. The Respondent No. 2, 6 and 8 are charitable Societies whereas the Respondent Nos. 3, 4 and 5 are residents of 12 Tilak Marg, New Delhi and the Testator was residing with them in their house at the time of his death. Respondent No. 7 is the nephew of the Testator (son of his late brother) and Respondent No. 9, is the daughter of the late sister of the Testator. Respondent Nos. 2-9 are the beneficiaries under the said WILL dated 06.04.2012.
4. The Testator has bequeathed the immovable properties owned by him in the following manner-

“ IMMOVABLE PROPERTIES

1. I am the absolute owner and in possession of one Haveli in village Aspai, District Muktsar, Tehsil Malout, Punjab and agricultural land admeasuring approximately 44 acres in village-Aspai, District Muktsar, Tehsil Malout, Punjab.

I bequeath the Haveli and 7 acres 1-kanal and 11 marlas of my agricultural land being khasra numbers 56M/15/2/2 (2-0), 16(8-0), 25(7-11), 73M/5 (8-0), 6(8-o), 15/1 (11-0), 15/2 (4-0), 16 (8-0) and 25(8-0), as per the latest revenue records, in village Aspai, District Muktsar, Tehsil Malout, Punjab to All India Pingalwada Charitable Society, (Regd.), Tehsilpura, G.T. Road, Amritsar, Punjab (hereinafter referred to as ‘Pingalwada Society’) bearing registration no.130 dated 06.03.1957. It is my wish and desire that Pingalwada Society shall convert the Haveli into a charitable hospital by the name of “Mangal Singh Mann Charitable Hospital”. The Haveli shall not be used for any other purpose. The income from the produce of the agricultural land admeasuring 7 acres 1 kanal and 11 marlas being khasra numbers 56M/15/2/2 (2-0), 16(8-0), 25(7 11),73M/5 (8-0), 6(8-0), 15/1 (11-0), 15/2 (4-0), 16 (8-0) and 25(8-o), as per latest revenue records, in village Aspai, District Muktsar, Tehsil Malout, Punjab shall always be applied only for the purposes of maintaining and running the hospital and for no other purpose. Pingalwaga Society shall be free to take donations from others but the name of the hospital shall not be changed. The Haveli and the agricultural land bequeathed to Pingalwada Society shall not, under any circumstances, be sold or mortgaged or encumbered by Pingalwada Society.

Mr. Gurpal Singh and his wife Mrs. Jai Inder Kaur and their sons Mr. Angad Singh and Mr. Nirvan Singh, all residents of 12 Tilak Marg, New Delhi have given me a lot of respect, love and affection and they have taken care of all my needs and I have been living with them in their house. Out of my love and affection for them, I bequeath all my remaining agricultural land at village Aspal, District Muktsar, Tehsil Malout, Punjab admeasuring about 37 acres equally in favour of Mr. Angad Singh and to Mr. Nirvan Singh both sons of Mr. Gurpal Singh and residents of 12, Tilak Marg, New Delhi. They shall jointly be the sole and absolute owners of the said agricultural land and shall be free to use, sell, rent, encumber, mortgage, etc. the same and /or the agricultural produce as per their wish and desire.

2. That I am the absolute owner of the Flat No. 703, Ansal Bhawan, Kasturba Gandhi Marg, New Delhi — 110001 admeasuring 1043 sq.ft. I hereby bequeath the said flat absolutely and forever to Bhai Veer Singh Birdh Ghar (old age home), Jandiala Road, Taran Taran, District Amritsar, Punjab (hereinafter referred to as ‘Birdh Ghar’). The said flat shall not, under any circumstances, be sold or encumbered or mortgaged. It shall always be given on rent. The rental income received from letting out the said flat shall be applied only for the purposes of benefit of the residents of Birdh Ghar and for no other purpose.

3. I am the absolute owner Flat No. 414 – A in World Trade Centre, Babar Lane, Near Bengali Market, Connaught Place, New Delhi – 110001 admeasuring 277 sq.ft. I hereby bequeath the said flat absolutely and forever to Pingalwada Society. The said flat shall not, under any circumstances, be sold or encumbered or mortgaged. It shall always be given on rent. The rental income received from letting out the said flat shall be applied only for the purposes of benefit of the residents of Pingalwada Society and for no other purpose.

4. I am the absolute owner of Unit No. 01/1015 and 01/1017 at 10th Floor in Classique Tower, Rajouri Garden, New Delhi – 110027 and admeasuring 456 sq. ft. and 644 sq.ft. respectively. I hereby bequeath the said flats absolutely and forever to Chief Khalsa Diwan, G.T. Road, Amritsar (hereinafter referred to as ‘Chief Khalsa Diwan’). The said flats shall not, under any circumstances, be sold or encumbered or mortgaged. They shall always be given on rent. The rental received from letting out the said flats shall be applied only for the purposes of benefit of the residents of Chief Khalsa Diwan and for no other purpose.

5. I am the absolute owner of property bearing No. 328, Third Floor, Tower C-II, Vatika Infotech Park, Faridabad, Haryana admeasuring 1000 sq. ft. I hereby bequeath the said property absolutely and forever in favour of my nephew (my late brother’s son) Mr. Jagdip Singh Mann, son of Late S. Charanjit Singh Mann resident of C-14, Ground Floor, Chirag Enclave, New Delhi-110 048 and he shall be the sole and absolute owner of the said flat and shall be free to use, sell, rent, encumber, mortgage, etc. the same as per his wish and desire.”

5. The Testator has bequeathed the movable properties owned by him in the following manner-
“ MOVEABLE PROPERTIES

1. I own a car SWIFT DZIRE No. DL – 3C – BL – 3904. I hereby bequeath the said car absolutely and forever in favour of my nephew (my late brother’s son) Mr. Jagdip Singh Mann, son of Late S. Charanjit Singh Mann, resident of C-14, Ground Floor, Chirag Enclave, New Delhi-110 048 and he shall be the sole and absolute owner of the same.

2. I own a car SKODA No. DL – 2C – Q – 6030. I hereby bequeath the said car absolutely and forever in favour of Mrs. Jai Inder Kaur, wife of Mr. Gurpal Singh, resident of 12, Tilak Marg, New Delhi -110 001 and she shall be. the sole and absolute owner of the same.

3. I have money in savings bank Account No. 13581000007410 with HDFC bank Ltd., Khan Market, New Delhi. I hereby bequeath the money in the savings account along-with all accrued benefits, credits, interests, etc. but excluding the fixed deposits with the said bank (which shall devolve as the bequest made in the latter part of this Will), absolutely and forever in favour of Pingalwada Society who shall utilize the said amount only for the purposes of the benefit of the residents of the Pingalwada Society and for no other purpose.

4. I have Fixed Deposits with HDFC Bank Ltd., Khan Market, New Delhi – 110003 bearing customer ID no. – 30838928. I hereby bequeath the entire amount in the said fixed deposits along-with all accrued benefits, credits, interests, etc., absolutely and forever in the following manner:

(a) 1/3rd of the total amount in favour of Chief Khalsa Diwan who shall utilize the said amount only for the purposes of the benefit of the residents of Chief Khalsa Diwan and for no other purpose;
(b) 1/3rd of the total amount in favour of Birdh Ghar for being utilized only for the benefit of the residents of Birdh Ghar and for no other purpose; and
(c) 1/3rd of the total amount in favour of Pingalwada Society for being utilized only for the benefit of the residents of Pingalwada Society and for no other purpose.

5. I have money in savings-bank-Account: No. 0129002100161678 with Punjab National Bank, Minto Road branch, New Delhi. I hereby bequeath the entire amount in same along-with all accrued benefits, credits, interests, etc. absolutely and forever in favour of Chief-Khalsa Diwan, who shall utilize the said amount only for the purposes of the benefit of the residents of Chief ,Khalsa Diwan and for no other purpose. Further, any amount received from the said Bank or towards compensation on account of the illegal and fraudulent withdrawal of money from the said account along-with all accrued benefits, credits, interests, etc. shall also devolve upon absolutely and forever in favour of Chief Khalsa Diwan who shall utilize the said amount only for the purposes of the benefit of the residents of Chief Khalsa Diwan and for no other purpose.

6. 1 am entitled to receive compensation of Rs. 40,00,000/- (rupees forty lakhs only) from Department of Education, Government of Himachal Pradesh for acquisition of Shimla Bungalow, Koteshera House, Shimla. The Notification for acquisition of the said Bungalow has been issued by the Government of Himachal Pradesh. I hereby bequeath the entire compensation amount along-with all accrued benefits, credits, interests, etc. absolutely and forever in the following manner:
(a). 1/7th share in favour of Mrs. Davinder Kaur, wife of Mr. Avinash Grewal, H.No. 102, Sector 9, Chandigarh;
(b). 3/7th share in favour of my nephew (my brother’s son) Mr. Jagdip Singh Mann, son of Late Mr. S. Charanjit Singh Mann, resident of C-14, Ground Floor, Chirag Enclave, New Delhi -110 048; and
(c).3/7th share in favour of Chief Khalsa Diwan who shall utilize the said amount only for the purposes of the benefits of the residents of Chief Khalsa Diwan and for no other purpose.

7. I own 1,160 (one thousand one hundred and sixty) shares of M/s Nestle India Limited. I hereby bequeath the same along-with all accrued benefits, credits, interests, bonus shares, dividends, etc. absolutely and forever in. favour of Pingalwada Society which shall utilize the same only for the purposes of the benefit of the residents of Pingalwada-Society and for no other purpose.

8. I own 2,438 (two thousand four hundred and thirty eight) shares of M/s Glaxo Smith Kline Beecham Limited. I hereby bequeath the same along-with all accrued benefits, credits, interests, bonus shares, dividends, etc. absolutely and forever in favour of Chief Khalsa Diwan Society which shall utilize the same only for the purposes of the benefit of the residents of Chief Khalsa Diwan and for no other purpose.

9. I own 6,399 (six thousand three hundred and ninety nine) shares of M/s E Mereck Limited. I hereby bequeath the same along-with all accrued benefits, credits, interests, bonus shares, dividends, etc. absolutely and forever in favour of Birdh Ghar which shall utilize the same only for the benefit of the residents of the Birdh Ghar and for no other purpose.

10. Any property, whether movable or immovable, owned by me at the time of my death or which may form a part of my estate after my death along-with all accrued benefits, credits, interests, etc. and for which I have not made any express bequest in my this Will, I hereby bequeath absolutely and forever along-with all accrued benefits, credits, interests, etc. in favour of the Pingalwada Society to be used only for the purposes of the benefits of the resident of the Pingalwada Society and for no other purpose.”

6. A prayer is, therefore, made that a Probate may be granted in respect of the last Will dated 06.04.2012, of Late Shri Sardar Gurbhajan Singh Mann and all the movable and immovable assets may be transferred in terms of the last Will dated 06.04.2012.
7. Citations were published in daily newspaper ‘The Statesman’ (Delhi Edition), on 18.04.2019.
8. The Respondents No. 2 to 9 have given their “No Objection” Certificates for grant of probate to the Petitioner.
9. The Valuation Reports in respect of the properties was called for and the same is on record.
10. The petitioner/Tejbir Singh, who is the Sole Executor of the Will and not a beneficiary therein, examined himself as PW1 and tendered evidence affidavit and proved the original Will dated 06.04.2012 Ex. P-1 of Late Shri Sardar Gurbhajan Singh Mann. He also proved the original Death Certificate dated 27/04/2018 Ex. P-2.
11. Shri S.K. Bansal, is the attesting witness to the Will Ex. P-1 and has deposed that Late Shri Sardar Gurbhajan Singh Mann, had affixed his signature in his Last Will dated 06.04.2012, in his presence and the other attesting witness, at Point Mark ‘C’ and the Will bears his signatures at Point Mark ‘A’. He identified the signatures of the other attesting witness, Sh. Arshad Nadeem at Point ‘B’.
12. Submissions heard and record perused.
13. Section 63 of Indian Succession Act, 1925 provides for the substantive law on Execution of Unprivileged Wills. To prove the valid execution of unprivileged, it is apposite to establish that – firstly, the Will was duly singed by the testator or bears the affixation of his Mark; secondly, the Mark so affixed or the signatures of the testator was so placed that it appears that it was indented to be executed by the Testator in the manner as specified and with a dispensing mind free from all extraneous influences; thirdly, 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. Hence, applying the above principles in the present case, to prove the valid execution of the Will dated 06.04.2012 Ex-P1 as the final Will of Late Shri Sardar Gurbhajan Singh, PW-1, Petitioner/Tejbir Singh has deposed that the deceased Shri Sardar Gurbhajan Singh Mann, was his old friend and he was appointed as the sole Executor of the Testator’s last and final Will 06.04.2012. He has further deposed that the Will was signed by the Testator in the presence of two witnesses, Sh. S.K. Bansal and Sh. Arshad Nadeem, who have affixed their signatures in the presence of each other and had also identified the signatures of the Testator. He has also deposed that the Testator had expressed his desire to bequeath his movable and immovable properties to the Beneficiaries in the manner specified in the Will dated 06.04.2012. The Execution of the Will Ex. P-1 is thus, duly proved.
15. Further, for the valid execution of a Will, the essentials of Section 68 of Indian Evidence Act, 1872 have to be satisfied, which provides for the mode of Proof of execution of a Will and requires that at least one of the attesting witnesses to the Will must be examined to prove it’s genuine and valid execution.
16. PW-2 Shri S.K. Bansal, the attesting witness, has deposed that Late Shri Sardar Gurbhajan Singh Mann, has executed and affixed his signature in his Last Will dated 06.04.2012, in the presence of himself and the other attesting witness. He has also identified the signature of the Testator at Point Mark ‘C’, his signature at Point Mark ‘A’ and the signature of the other attesting witness, Sh. Arshad Nazeer at Point Mark ‘B’.
17. The petition is not contested by the respondent Nos. 2 to 9 and they have filed their respective affidavits giving their No-Objection to the grant of Probate and no objection has been received from any third person, pursuant to the citation.
18. In view of the above, the uncontested testimony of the PW-1, the petitioner and of the attesting testimony Sh. S.K. Bansal, proves the Will dated 06.04.2012 Ex. P-1 as the last and final Will of deceased Shri Sardar Gurbhajan Singh Mann, signed by him of his own free will, in a sound and disposing state of mind after understanding the nature and effect of the dispositions, in the presence of two witnesses.
19. In view of the above, the genuineness and the authenticity of the Will dated 06.04.2012 Ex P-1 of Shri Sardar Gurbhajan Singh Mann is held to be proved.
20. Probate in respect of the Will dated 06.04.12 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. On payment of the requisite court fee and other formalities noted above, the Probate in respect of the Will dated 06.04.2012 shall be issued by the Registry.
22. The petition stands allowed in the abovesaid terms.

(NEENA BANSAL KRISHNA)
JUDGE

APRIL 10, 2024/RS

TEST.CAS. 14/2019 Page 1 of 12