VIKAS CHANDER vs STATE AND ORS

2024-04-10 Information

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 10th April, 2024
+ TEST.CAS. 16/2022
VIKAS CHANDER ….. Petitioner
Through: Mr. Sagar Chawla & Ms. Chavi Chhiber, Advs. (M: 8527050859)
versus
STATE AND ORS ….. Respondents
Through: Mr. Divyam Nandrajog, Panel Counsel, GNCTD with Mr. Mayank
Kamra Soni, Advs. for R-1.
Mr. Kushargra Pandit, Adv. for
R-2 to 4.
CORAM:
JUSTICE PRATHIBA M. SINGH

JUDGMENT

Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner Mr. Vikas Chander, seeking probate of the Will of Mrs. Manorama Dhawal (testatrix) dated 23rd April, 2007 and for settlement of outstanding debts. The parties to this petition are as under:
S. No.
Name
Petitioner/Respondent
1
Vikas Chander
Petitioner
2
Mrs. Vandana Mahajan
Respondent No.2
3
Ms. Suhani Mahajan
Respondent No.3
4
Mr. Sharan Mahajan
Respondent No.4

3. As can be seen from the above, Petitioner is the son, Respondent No.2 is daughter and Respondent Nos. 3 and 4 are the grandchildren of the testatrix through the daughter i.e., Respondent No.2. Respondent Nos.1 and 2 are class 1 legal heirs of the testatrix. It is stated that the testatrix passed away on 2nd May, 2021 leaving behind the Will. It is also stated that the said Will is the last Will and testament of the testatrix.
4. The original Will has already been exhibited by the Joint Registrar as Ex.PW-1/2. As per the Will, the testatrix has appointed her son Mr. Vikas Chander as the sole executor of the Will. As per the Will, the following are immovable and movable assets of the testatrix.
IMMOVABLE PROPERTIES
(i) House No. D-6/30, Vasant Vihar, New Delhi

(ii) Farm Land, (Agricultural Land at Sikohpur, Tehsil – Sohna, Distt. Gurgaon, Haryana) measuring 3 Bigha 11 Biswa 6 Biswansi viee Pukta Khasra No. 935/5 (0-5-19) & Kewat/Khata No.299/400, 359/477 Khasra No.923/5 (1-3-5), 924/3 (1-1-14), 936/4 (0-15-6), 937/1 (0-5-2) Reg, vide Vasika No. 8984 Book No.-1, Vol No. 2743 Pages 63-64 dated 31-01-1989, Visika No.8985 Book No. – 1, Vol No.2743 Pages 65-66 Dated 31-01-1989, Visika No. 8986 Book No.-l. Vol. No 2743 Pages 67-68 Dated 31-01-1989, also known as UPPAL Farm situated on Jaipur Highway, Gurgaon, Haryana.

(iii) Plot No. B-184. Sushant Lok Phase – III. Gurugram. Haryana measuring 502 sq. yds.

(iv) Farm House No.33 in Country Club. Gurgaon, Haryana

MOVABLE PROPERTIES IN THE NAME OF THE TESTATRIX

(v) Shares in Rolex Hosiery Private Limited having its registered office at 27, Community Centre, Basant Lok, Vasant Vihar. New Delhi-110057

(vi) Shares in Vikash Enterprises Private Limited having its registered office at 27, Community Centre, Basant Lok, Vasant Vihar, New Delhi-110057

(vii) Shares in Viman Engineering Company Private Limited having its registered office at 27, Community Centre, Basant Lok, Vasant Vihar, New Delhi-110057

(viii) Shares in Nirmal Textiles Private Limited having its registered office at 27, Community Centre, Basant Lok, Vasant Vihar, New Delhi-110057

(ix) Shares in Victor Apparel Private Limited having its registered office at FLAT NO 302. “A” Wing Rizvi Palace, Bandra, (W) Mumbai 400050.

(x) Jewellry

(xi) Money in bank accounts

(xii) Any other assets

5. The Will is signed by the testatrix and has been witnessed by Mr. D.L. Arora and Mr. N.C. Bajaj. As per the Will, it was drafted by Mr. Ashok Kumar Dewan, Advocate.
6. Statement of Mr. D.L. Arora, PW-1 was recorded on 9th August, 2023. He has exhibited the following documents.
(i) Affidavit by way of evidence as Ex.PW-1/A
(ii) Death Certificate of testatrix Ex.P1 as also Ex.PW-1/1
(iii) Original Will as Ex.PW-1/2 as also Ex.P2.

7. The statement was recorded in presence of Counsel for the Respondents, who did not avail of the opportunity to cross-examine.
8. As of today, neither of the Counsels have any objections for the grant of the probate. However, it is submitted that insofar as some of the movable assets are concerned, there is no clarity as to who is in possession of the same and the value of the same is also not clear.
9. Some of the shares, for example in Nirmal Textiles Pvt. Ltd. got transferred during the lifetime of the testatrix itself. In view thereof, parties were directed to file their joint valuation report wherein the valuation of various properties has been set out. Thus, for the purpose of valuation, the valuation report which is jointly filed by the parties shall be taken as the final valuation between the parties.
10. The valuation report which has been filed jointly by ld. Counsels on 2nd March, 2024 is perused by the Court. The only objection that the Respondents have, in the said report, is qua the entry No.7 wherein the book debts are mentioned to the tune of Rs.98,38,930/-.
11. Ld. Counsel for the Petitioner submits that the same may be deleted from the valuation report. In view thereof, the valuation report filed on 2nd March, 2024 is taken as a final valuation report between the parties except qua Entry no.7.
12. On 8th February, 2022, directions were issued by this Court for publication in Times of India and the same was effected on 19th March, 2022. The original newspaper is on record. No objections have been received.
13. Since there is no objection on behalf of the Respondents and the Petitioner has already prayed for probate of the Will, this Court is satisfied that no further evidence would be required in this matter. In fact, the settled law is that if there is no objection, evidence need not be recorded in such matters.
14. In view thereof, probate is granted in respect of the Will of Mrs. Manorama Dhawal dated 23rd April, 2007. The valuation of the assets shall be in terms of the valuation report dated 2nd March, 2024 filed on record except entry no.7 i.e., with respect to book debts. Subject to completion of formalities, probate be granted of the said Will.
15. The original Will has been opened from the sealed cover and has been perused by the Court.
16. Original Will be now retained by the Registry as part of record of this petition.
17. Considering that the beneficiaries under the Will are direct descendants of the testatrix, exemption is granted from furnishing the surety bond.
18. Petition is disposed of.
PRATHIBA M. SINGH
JUDGE
APRIL 10, 2024/dk/bh
(corrected & released on 15th April, 2024)

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