Surinder Kumar Gakhar v. The State & Ors

1. The instant petition was filed under Section 278 of the Indian Succession Act by Shri Surinder Kumar Gakhar, Sb of late Sh. Ram Lal Gakhar for grant of probate of the Will dated 4th December, 2009 stated to have been executed by his son Manu Gakhar.

2. The petitioner has arrayed his wife Smt. S. Gakhar who was the mother of the deceased as well as the two sisters of deceased Manu Gakhar as party-respondent nos. 2, 3 and 4 respectively.

3. Pursuant to directions made by this court, publication of citation of the petition was effected in the daily edition of the Statesman.

4. No objections have been received objecting to the grant of probate. The respondent nos. 2, 3 and 4 had appeared in person in court and their joint statement was recorded by this court on 13th December, 2010. The respondent nos. 2, 3 and 4 have stated that 2011:DHC:18409 ILl -2they have no objection to the grant of probate to the present petitioner in the instant case.

5. The petitioner has filed his evidence on affidavit. It is in evidence that Sh. Manu Gakhar died 22nd December, 2009 at Dr. B.R. Ambedkar, I.R.C.H. (AIIMS), New Delhi. The death certificate has been exhibited on record as Exh.PW3/A.

6. So far as the legal heirs of the deceased are concerned, it is established that the deceased was unmarried. The petitioner and respondent nos. 2 to 4 are his only surviving legal heirs.

7. The details of the assets of the deceased are mentioned in para D(i) to D(iii) of this petition.

8. Despite orders issued by this court, no valuation report has been received till date from the revenue authorities.

9. The petitioner has given the valuation of the properties based on the notified circle rates.

10. Late Sh. Manu Gakhar is stated to have executed the Will dated 4th December, 2009 in sound disposing mind as his last Will and testament in the presence of Sh. Ajit Chawla and Sh. O.P. Popli who have filed their examination in chief on affidavits. Sh. Ajit Chawla has appeared as PW 1. He has proved the original Will Exh.PW 1/A and signatures of Sh. Manu Gakhar at point 'A' as well as his own signatures at point 'B' on the original Will by way of an affidavit Exh. 'S -3- PW 1/1. PW 2 Sh. O.P. Popli has corroborated the statement of PW 1.

12. In view of the above, it is established on record that late Sh. Manu Gakhar had executed the Will dated 4th December, 2010 Exh.PW 1/A in sound disposing mind.

13. There is therefore no legal impediment to the grant of the prayer made in this petition. It is accordingly directed as follows.

(i) I hereby grant the letters of administration with the Will Exh.PW

(ii) The petitioner shall furnish the administration and surety bond and complete all formalities within a period of four weeks from today.

(iii) The petitioner shall also furnish the valuation report of the properties which forms the estate of deceased within four weeks from today which shall be placed before the Registrar (0) for consideration. JULY 28, 2011 GIfr TT kr