Vinod Kumar v. Harpyari Devi & Ors.

1. The petitioner preferred the present probate petition under Section 276 of the Indian Succession Act (hereinafter referred to as “the Act”) for grant of probate in respect of the registered Will dated 29th April, 2011 executed by Late Shri Pannilal Shaina (hereinafter referred to as “the deceased”) who died on 10th July, 2013.

2. It has been stated that the deceased had duly executed Will dated 29th April, 2011 in the presence of two witnesses in respect of D-10/C, D.D.A. Flats, Munirka, New Delhi-110067 (hereinafter referred to as the “suit property”) which was duly registered in the office of Sub-Registrar-IX, New Delhi vide Registration No.1, 176 in Book No.3, Vol. No. 568 on page 42 to 43 on 7th May, 2011. The 2015:DHC:7007 respondents are legal heirs of the deceased and the petitioner is the sole executor in the said Will.

3. It is stated that the petitioner got the evaluation of the estate of the deceased carried out by evaluator which was total of Rs. 75,80,048.40/-.

4. Notice of the petition was issued to the respondent vide order dated 30th October, 2013. Vide the same order, citations were also directed to be published in one Hindi Daily and one English Daily newspapers. The valuation report has been filed by the SDM. As per report, the value of the property is Rs. 63,71,590/-. However, the market value of the property is Rs.80,00,000/-.

5. The respondent No.1 is the mother of the petitioner. Respondent Nos. 2 and 3 are the sister and brother of the petitioner. The respondent No.3 was served on 10th December,

2013. The respondent No.3 was served on 15th January, 2014. Objections were not filed by them. Affidavit of ‘no objection’ has been filed by respondent No. 1 in support of the petition stating therein that she has no objection for grant of probate of Will executed by the deceased in favour of the petitioner.

6. Petitioner filed evidence by way of affidavit of Mr. Vinod Kumar (petitioner) as Exhibit PW-1/X who was examined as PW-1 to prove the contents of the petition and certain documents were exhibited as Ex.PW1/A to Ex.PW1/D. The petitioner’s evidence was closed accordingly vide order dated 31st July, 2015.

7. Having considered the facts of the case as well as documents placed on record, it appears that the Will dated 29th April, 2011 has been proved beyond doubt. Under these circumstances, the probate is granted in favour of the petitioner qua the Will dated 29th April, 2011 in respect of the property i.e. property bearing No D-10/C, D.D.A. Flats, Munirka, New Delhi-

110067. Since there is small difference between the valuation given by the petitioner as well as by the SDM. The petitioner is directed to submit the stamp duty of difference between Rs. 75,80,048.40 and Rs.80,00,000/- as per market value within two weeks.

8. The petition is disposed of accordingly.

9. Learned counsel for the petitioner states that at the time of filing of the petition, excess court fee has been filed. Since the notification has been quashed by the Division Bench of this Court, the excess fee be refunded to the petitioner. Ordered accordingly. The excess fee is ordered to be refunded to the petitioner within eight weeks.

10. The matter be listed before the Joint Registrar for further directions on 18th September, 2015.

JUDGE AUGUST 26, 2015