Praveen Khurana v. State Govt of Not of Delhi

1. The present petition has been filed under Section 278 ofthe Indian Succession Act, 1925 for grant of letters of administration in respect of the Will dated 14'^ May, 1997 executed by Late Dr. Dev Raj Khurana-father of the plaintiff. This Will was executed in the presence of Shri Nathu Ram Sharma and Dr. Naveen Sakhuja who have signed ^ and affixed signatures on the Will in the presence of the deceased testator.

2. The deceased left behind the following class 1 lega^ heirs:- (a) Smt.Chandra Khurana - Widow (b) Shri Naveen Khurana - Son

(c) Praveen Khurana - Son

3. The signing and execution of the Will has been established in the affidavits of Shri Nathu Ram Sharma and Shri Praveen Khurana who has appeared as PW 1. The affidavit of Shri Praveen Khurana has been proved on record as Exh.PW 1/X.

4. The petitioner has proved the death certificate with regard to the death of Late Dr. Dev Raj Khurana on 7*^^ November,2011 as Exh.PW 1/2.-f

5. Smt. Chandra Khurana, widow of Late Dr. Dev Raj Khurana has also filed her no objection to the grant of letters of administration to the petitioner by way of affidavit dated 7''" October, 2010 as well as an additional affidavit dated 17'^ February,2011 Exh.PW 1/3. She has also confirmed the execution of the said Will dated 4'^'' May, 2011 by the deceased testator.

6. Shri Naveen Khurana, the other son of deceased Dr. Dev Raj Khurana has also filed his no objection to the grant of the present petition by way of affidavit dated 17*^^' February, 2011 Exh.PW 1/4. ^ 7. The publication ofthe citation ofthe present petition was effected ^in terms ofthe order dated 18""October,2010in the"Statesman"Delhi "edition on 6'^ January, 2011. No objections were received in the present matter from any member of the public.

8. The assets which form the estate of the deceased have been detailed in para 7 of the affidavit of the petitioner Shri Praveen Khurana in the deposition PW 1/X and also detailed in the schedule annexed as - 3 - Annexure P-lll.

9. In view of the above, It is held that the Late Dr. Dev Raj Khurana made and executed the Will dated 14-^^ May, 1997 as his last and valid Will and testament. No executor was appointed by the deceased in the said Will.

10. Subjecttothe petitionerfurnishing the administration bond and | security bond to the satisfaction ofthe Registrar General and depositing \ I % i court fee in accordance with law, the petitioner will be entitled to the| '-^Jietters ofadministration ofthe property detailed in schedule annexed as / Annexure P-lll. This petition is allowed in the above terms.

SEPTEMBER 26,2011 aa GITA finTAL ■-//9 hL ^ioSCin [j/r. -, "7^ Ufncy; h / 0^ $~22. * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 72/2010 PRAVEEN KHURANA Petitioner Through: Mr. N.S. Vashisht, Advocate with Ms. Jyoti Kataria, Advocate versus STATE GOVT OF NOT OF DELHI Respondent Through: None CORAM: HON'BLE MS.JUSTICE HIMA KOHLI ORDER o/o 21.09.2015 I.A. 17410/2015 fbv the petitioner u/S 151 and 152 CPCJ

1. The present application has been filed by the petitioner under Sections 151 and 152 CPC for seeking correction of two typographical errors in paras 4 and 5 of the order dated 26.09.2011.

2. Counsel for the petitioner states that erroneously, the date of death of late Dr. Dev Raj Khurana came to be typed as 7^*^ November, 2011 in para 4 of the order dated 26.09.2011 whereas the correct date of death is 7^'' November, 2007. Further, the date of execution of the will has been mentioned in the last sentence of para 5 of the aforesaid order as 4*^^ May, 2011 whereas the correct date is 14^^ May,

1997. TEST.CAS. 72/2010 Page 1 of[2] d tj

3. The aforesaid submissions have been verified on a perusal of the death certificate marked as Ex.PWl/2 and the original will marked as Ex.PWl/1 and found to be correct.