Jagmohan Singh v. State of NCT of Delhi

10. MR.

RAJINDER SINGH S/o Mr. Upkar Singh (Son-in-Law of Late Mrs. Tej Kaur Kohli) Village & Post Office - Ladhowal District Ludhiana Punjab -141008 Email: rajinderraj72@gmail.com....... Respondent no.10 Digitally

11. MS.

HARPREET KAUR D/o Mr. Upkar Singh (Son-in-Law of Late Mrs. Tej Kaur Kohli) R/o 284, Type 2, Sector 1, Nay a Nangal District Ropar, Punjab -140126 Email: harpreetipsingh@gmail.com....... Respondent no.11

12. MR.

SURJIT SINGH KOHLI S/o Harbans Singh Kohli (H/o Late Mrs. Tej Kaur Kohli) C/o Raminder Kaur Chopra R/o 923-B, Housing Board Colony, HIG Flats, Ranjeet Avenue, Amritsar, Punjab -143001....... Respondent no.12

13. MS.

RAMINDER KAUR CHOPRA (D/O LATE MRS.

TEJ KAUR KOHLI) W/o Late Mr. Rajpal Singh Chopra R/o 923-B, Housing Board Colony, HIG Flats, Ranjeet Avenue, Amritsar, Punjab -143001....... Respondent no.13

14. MS.

KAWAL INDER KAUR D/o Late Mr. Ranjit Singh Maini (Son-in-Law of Late Mrs. Tej Kaur Kohli) R/o 19, New Guru Arjan Dev Nagar Gill Road, Moga Punjab -142001....... Respondent no.14

15. MS.

TEJINDER KAUR R/o 500, Preet Nagar Near Sikka Gas Godown Amritsar, Punjab -143001....... Respondent no.15

16. MS.

KULJINDER KAUR Digitally R/o C-36, Guru Amar Das Avenue Airport Road Amritsar, Punjab -143001....... Respondent no.16

17. MS.

KIRPAL INDER KAUR R/o 486, Naulakha Garden Colony (Near CMC) Benjamin Road Ludhiana, Punjab -141008....... Respondent no.17

18. MS.

RAJWANT KAUR R/o 5, Zira Road, Moga Punjab -142001....... Respondent no.18

19. MR.

CHANRANJIT SINGH S/o Late Mr. Ranjit Singh Maini (Son-in-Law of Late Mrs. Tej R/o 4, Sinclair Walk, Pakenham Victoria, 3810 Australia Email: auvelpty@gmail.com....... Respondent no.19

20. MR.

MANJIT SINGH S/o Late Mr. Ranjit Singh Maini (Son-in-Law of Late Mrs. Tej R/o 97, Aspen Drive, Brandon MB, R7A 7T[2], Canada....... Respondent no.20

21. MR.

TEJBIR PHOOL S/o Late Mr. Bhupinder Singh Phool (Son-in-Law of Late Mrs. Ved Kaur Oberoi) R/o 9304, Belle Terre Way Potomac MD 2085[4], USA Email: tejbirsinghphool@cs.com....... Respondent no.21 Digitally

22. MS.

AMRITIKA PHOOL D/o Late Mr. Bhupinder Singh Phool (Son-in-Law of Late Mrs. Ved Kaur Oberoi) R/o C-85, Defence Colony New Delhi 110024 Email: amritika@gmail.com....... Respondent no.22

23. MS.

SHRIN KOHLI D/o Late Mr. Rajinder Singh Sethi (Son-in-Law of Late Mrs. Ved Kaur Oberoi) R/o 1142, Shenandoah Drive Sunnyvale, CA 94087, USA Email: shirin_kohli@pacbell.net....... Respondent no.23

24. MS.

ROSHNI SINGH D/o Late Mr. Rajinder Singh Sethi (Son-in-Law of Late Mrs. Ved Kaur Oberoi) I R/o 115, Sierra Azule Los Gatos, CA 95032, USA Email: roshnisingh71@gmail.com....... Respondent no.24

25. MS.

INDERMOHINI SINGH (D/O LATE MRS.

VED KAUR OBEROI) W/o Dr. Bhupinder Singh R/o C-8/8680, Vasant Kunj, New Delhi-110070 Email: drbhupi@yahoo.com....... Respondent no.25

26. MR.

AGYAPAL SINGH OBEROI (S/O LATE MRS.

VED KAUR OBEROI) S/o Late Mr. Darshan Singh Oberoi R/o 5191, Rosedale, Montreal Quebec H4V 2H[4] Canada Email: agyapal.oberoi@gmail.com....... Respondent no.26 Digitally

27. MR.

NAUNIHAL SINGH OBEROI (S/O LATE MRS.

VED KAUR OBEROI) S/o Late Mr. Darshan Singh Oberoi R/o E-29, South Extension Part-I, New Delhi -110049 Email: sudarshoberoi@gmail.com....... Respondent no.27

28. MS.

UMITA KAUR (D/O LATE MRS.

VED KAUR OBEROI) W/o Lt. Gen. Inderjit Singh R/o C-9/9399, Vasant Kunj, New Delhi -110070....... Respondent no.28

29. MS.

RAMINDER KAUR BEDI (D/O LATE MR.

KULBIR SINGH) W/o Late Mr. Devinder Singh Bedi R/o 903, Shishira Tower Yamuna Nagar Andheri (W) Mumbai – 400053....... Respondent no.29

30. MS.

SAVINDER KAUR CHHATWAL (D/O LATE MR.

KULBIR SINGH) W/o Late Dr. Surjit Singh Chhatwal R/o 8 E, Kennedy Lane, Unit 307 Hinsdale, Illinois 60521 USA Email: shammi68@sbcglobal.com....... Respondent no.30

31. MR.

CHARAN KAMAL SINGH S/o Late Mr. Kulbir Singh R/o 12339, Charlene lane, Tecumseh, ONT N9K1A[6], Canada Email: charanks@yahoo.com....... Respondent no.31

32. MRS.

RAMINDER KAUR BEDI W/o Late Mr. Devinder Singh Bedi (S/o Late Mrs. Sampuran Kaur Bedi) C/o Harpreet Kaur Bedi R/o 903, Shishira Tower, Digitally Yamuna Nagar, Andheri (W)-400053 Mumbai....... Respondent no.32

33. MS.

HARPREET KAUR BEDI D/o Late Mr. Devinder Singh Bedi (S/o Late Mrs. Sampuran Kaur Bedi) R/o 903, Shishira Tower, Yamuna Nagar, Andheri (W)-400053 Mumbai Email: harpreet.bedi@hotmail.com....... Respondent no.33

34. MR.

LAVNEET SINGH BEDI S/o Late Mr. Devinder Singh Bedi (S/o Late Mrs. Sampuran Kaur Bedi) R/o 6 Balfour Court, Guelph Ontario NIL 1A[9] Canada Email: lavneets@hotmail.com / lavneets@gmail.com....... Respondent no.34

35. MRS.

NAGINDER DEEP BEDI W/o Late Mr. Jatinder Singh Bedi (S/o Late Mrs. Sampuran Kaur Bedi) R/o 4160, Lakefield DR, Sterling Heights, Michigam-48314 USA Email: deep2bedi@gmail.com....... Respondent no.35

36. MS.

TAMANNA LAM D/o Late Mr. Jatinder Singh Bedi (S/o Late Mrs. Sampuran Kaur Bedi) R/o 5779, Lochmoor Court Rochester, MI 48306 USA Email: tamanna.lam@gmail.com....... Respondent no.36 Digitally

37. DR.

HARJANEET SINGH BEDI S/o Late Mr. Jatinder Singh Bedi (S/o Late Mrs. Sampuran Kaur Bedi) R/o 6806 E Warwick Lake Lane Spring TX 77389 USA Email: hbedi007@gmail.com....... Respondent no.37

38. MR.

GURRINDER SINGH BEDI (S/O LATE MRS.

SAMPURAN KAUR BEDI) S/o Late Mr. Attar Singh Bedi R/o 4494, Bentley Drive, Troy, MI 48098 USA Email: gurrinder_bedi@yahoo.com....... Respondent no.38

39. MR.

JAGMOHAN SINGH BEDI (S/O LATE MRS.

SAMPURAN KAUR BEDI) R/o C-9, Model Town, Kharar District Mohali -140307, Punjab Email: bedijagmohan08@gmail.com....... Respondent no.39

40. MS.

SATPAL KAUR (D/O LATE MRS.

SAMPURAN KAUR BEDI) D/o Late Mr. Attar Singh Bedi R/o Flat no. 3037, SBI Officer's Colony, Sector 49, Chandigarh-160049....... Respondent no.40

41. MR.

RAJINDER SINGH BEDI (S/O LATE MRS.

SAMPURAN KAUR BEDI) R/o Bedi Clinic & Nursing Home, 21 Fateh Colony, Near Phowara Chowk Patiala, Punjab -147001....... Respondent no.41. Through: Mr. Abhinav Singh and Mr. Rajat M. Dwivedi, Advocates for respondent/ GNCTD. Digitally CORAM: HON'BLE MS.

JUSTICE NEENA BANSAL KRISHNA

JUDGMENT

NEENA BANSAL KRISHNA, J.

1) The petitioner, Mr. Jagmohan Singh, has filed the present petition under Section 276 of the Indian Succession Act, 1923 for grant of Probate in respect of Will dated 1st September, 2014 executed by his aunt, Late Ms. Kulbir Kaur, in which he is named as the executor.

2) The petitioner has stated that the deceased Ms. Kulbir Kaur was an unmarried lady who was living with the petitioner till the time of her death. She was the sole and absolute owner of immovable property bearing No. U- 1901, Amrapalli Sapphire, Sector-45, Noida-201301 (hereinafter referred to as “Amrapalli suit property”) and Space Area measuring 2500 Sq. Feet (Super Area), World Trade Centre, Plot No. TZ-13-A, Sector Technical Zone, Greater Noida Industrial Development Area, Distt. Gautam Budh Nagar (hereinafter referred to as “Space Area suit property”) being self acquired properties. Aside from this, she had following movable assets i. Savings account jointly in the name of Late Ms. Kulbir Kaur and Mr. Jagmohan Singh with Punjab National Bank bearing no. 012800100029841 ii. Savings account jointly in the name of Late Ms. Kulbir Kaur and Mr. Jagmohan Singh with post office bearing no. iii. Savings account jointly in the name of Late Ms. Kulbir Kaur and Mr. Jagmohan Singh with post office bearing no. Digitally iv. MIS account with the Post Office bearing no. 213451 v. MIS account with the Post Office bearing no. 214267 vi. Fixed Deposits with Punjab National Bank

3) Ms. Kulbir Kaur died on 07.01.2016 and is survived by her legal heirs respondents 2-41, being her nephews and nieces, as she was unmarried and had no children of her own. During her life time, Ms. Kulbir Kaur executed her last Will dated 1st September 2014, whereby she bequeathed the Amrapalli suit property in favour of Ms. Jasnit Kaur Bhasin who is respondent No.2. She further directed that the Space Area suit property be sold and the sale proceeds received out of such sales, shall be distributed and disbursed between her following relatives in the following manneri. Rs. 40 Lakhs shall be disbursed to respondent No. 29, Mrs. Raminder Kaur Bedi w/oLate Mr. Devinder Sigh Bedi, ii. Rs. 40 Lakhs shall be disbursed to Mrs. Sudarsh Oberoi wife of her nephew Mr. N.S. Oberoi iii. Rs. 10 Lakhs shall be disbursed to respondent No. 3, Mrs. Harbans Kaur Kohli w/o Late Mr. Avtarjit Singh Kohl iv. Rs. 5 Lakhs shall be disbursed to Mr. Bhupinder Singh husband of her niece Mrs. Inder Mohini Kaur. v. Rs. 2.[5] Lakhs shall be disbursed to her niece Mrs. Teji Phool. vi. Rs. 2.[5] Lakhs shall be disbursed to her niece Mrs. Umita Singh. vii. Rs. 20 Lakhs shall be disbursed to Mrs. Jasmeet Kaur wife of her nephew Mr. Jagmohan Singh.

4) A provision for her moveable assets was also made in her Will dated Digitally 1st September 2014. She stated that the entire sums in all the bank accounts, post office, MIS and FDs shall be disbursed to Shri Jagmohan Singh, the petitioner herein. A prayer is, therefore, made that a Probate in respect of the last Will dated 1st September 2014 of Late Ms. Kulbir Kaur, may be granted for all the movable and immovable assets in terms of the last Will.

5) Citations were published in daily newspaper „the Statesman' (English), New Delhi edition, and 'Rashtriya Sahara' (Hindi), New Delhi on 12.02.2022

6) Despite service, none of the Respondent Nos. 2 to 41 appeared and their right to file objections was closed vide order of this Court dated 23.08.2023.

7) The Valuation Report was submitted by SDM Dadri, Gautam Budh Nagar, Noida in respect of the suit properties, that the property namely, Space Area measuring 2500 Sq. Feet (Super Area), World Trade Centre, Plot No. TZ-13-A, Sector Technical Zone, Greater Noida Industrial Development Area, Distt. Gautam Budh Nagar is valued at Rs 75000/- per Sq. feet. Further, the the property bearing No. U-1901, Amrapalli Sapphire, Sector-45, Noida-201301 is valued at Rs 71,74,800/-.

8) The petitioner to prove the Will examined himself as PW[1] and proved the execution of original Will of Ms. Kulbir Kaur which is Ex.PW1/2. He also proved her original Death Certificate as Ex.PW1/3, the Flat Buyer Agreement dated 27.04 2013 for the Amrapalli property as Ex.PW1/4, Agreement dated 22.07.2013 for the Space Area property as Ex.PW1/5, the brief description of the moveable assets of Ms. Kulbir Kaur as Ex. PW1/6-PW1/11 and judgement dated 18.11.2019 in earlier probate petition bearing no. 128/2016 as Ex. PW1/12. Digitally

9) Mr. Jasjeet Dureja, one of the attesting witness to the Will dated 01.09.2014 of Ms. Kulbir Kaur i.e. Ex. PW1/2, appeared as PW[2]. He deposed that he was one of the witnesses to the Will i.e. Ex.PW1/2 and also identified signatures of Late Ms. Kulbir Kaur at point A. He also identified his signature at point B and of the other witness, Mr. B.S. Mathur at point C. He deposed that the Will was signed by the deceased, him and the other attesting witness in the presence of each other and that the testator was of sound and deposing mind at the time of signing.

10) Mr. B.S. Mathur, the other attesting witness to the Will dated 01.09.2014 of Ms. Kulbir Kaur i.e. Ex. PW1/2, appeared as PW[3]. He deposed that he was one of the witnesses to the Will i.e. Ex.PW1/2 and also identified signatures of Late Ms. Kulbir Kaur at point A. He also identified his signature at point C and of the other witness, Mr. Jasjeet Dureja at point

11) Submissions heard.

12) The mode for execution of Will is provided under Section 63(c) of the Indian Succession Act, 1925 which reads as under:

13) The conditions for execution of a Will, as per the mandate of Clause

(c) of Section 63, is that 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) The uncontested testimony of the petitioner has proved the Will exhibited as Ex.PW1/2 as the last and final Will of deceased Ms. Kulbir Kaur. The petitioner is named as the Executor in the Will.

15) Section 68 of Indian Evidence Act further provides the mode of proof of the Will and requires that at least one attesting witness to the Will must be examined. Accordingly, PW[2] Mr. Jasjeet Dureja and PW[3] Mr. B.S. Mathur, the attesting witnesses have been examined, who have both deposed that the Will was signed by the testator Late Ms. Ms. Kulbir Kaur in front of them. Further, they had also signed the Will in the presence of each other.

16) The testimony of the petitioner as well as PW[2] Mr. Jasjeet Dureja and PW[3] Mr. B.S. Mathur, the attesting witnesses has not been subjected to any cross-examination. The petition is not contested by any of the respondents who are the heirs of the deceased and beneficiaries under the Will. They have not put appearance despite service of notice and their right to file Digitally reply/objection was closed by the order of this court dated 23.08.2023. Also, no objection has been received from any third person, pursuant to the citation.

17) The unchallenged and unrebutted testimony of the petitioner as PW-1 who is supported by the testimony of the two attesting witnesses namely PW[2] Mr. Jasjeet Dureja and PW[3] Mr. B.S. Mathur, proves the genuineness and the authenticity of the Will dated 01.09.2014 of Late Ms. Kulbir Kaur which is hereby, held to be proved.

18) Probate in respect of the Will dated 01.09.2014 is hereby granted to the Petitioner, the named Executor, subject to payment of requisite court fees.

19) Petitioner shall furnish Administrative Bond with one Surety to the satisfaction of the learned Joint Registrar General of this court.

20) The valuation of both properties filed by the SDM concerned is on record.

21) On payment of the requisite court fee and other formalities noted above, the Probate in respect of the Will dated 01.09.2014 shall be issued by the Registry.

22) The petition stands allowed and accordingly disposed of in the above terms.

23) List before the Joint Registrar on 04.01.2024 for depositing of the bond.

JUDGE DECEMBER 08, 2023 Digitally