Full Text
HIGH COURT OF DELHI
RUBINA
D/o Lt. Shri. Subhash Chander, R/o P.O Box 11052, A1 Futtaim Motors, Dubai Festival City, Dubai, United Arab Emirates. ..... Petitioner
Through: Mr. Karan Khanna, Advocate with Mr. Aniket Bhattacharya, Special
Power of Attorney Holder.
JUDGMENT
1. GOVT.
OF NCT OF DELHI
2. SUMIT KASHYAP S/o Lt. Shri. Subhash Chander, R/o 1-22, Second Floor, Assotech Windsor Park, Vaibhav Khand, Indirapuram, Ghaziabad, Uttar Pradesh-201014,
3. NISHANT KASHYAP S/o Lt. Shri. Subhash Chander, R/o 02071, ATS Advantage, Ahinsa Khand I, Indirapuram, Ghaziabad 201014..... Respondents Through: Ms. Avni Singh, Advocate for R-1/Sate. Mr. Arjun Aggarwal, Advocate for R-2 & 3. CORAM: HON'BLE MS.
JUSTICE NEENA BANSAL KRISHNA J U D G E M E N T NEENA BANSAL KRISHNA, J.
1. The petitioner through Mr. Ankit Bhattacharya, Special Power Attorney has filed the present petition to seek grant of Probate of the Will dated 21st October, 2014 of his father Late Shri Subhash Chander under Section 276 Indian Succession Act, 1925.
2. It is stated that Late Subhash Chander was married to Smt. Shakuntala and from their wed-lock two sons namely Sumit Kashyap and Nishant Kashyap, the respondent No.2&3 and one daughter Smt. Rubina, the petitioner were born. Smt. Shakuntala died on 23rd October, 2010. Shri Subhash Chander expired on 21st May, 2016. During his life time he executed a Will dated 21st October, 2014 in respect of his immovable properties namely: a. Janta Flat No. 69, on the First Floor, situated at Vikaspuri, New Delhi-110018. b. HIG Flat No. 183, 8th Floor, Category-B, Block-1, Sector-18-A, the Samrat Ashoka Enclave Co-operative Group Housing Society Ltd, Phase-II, Dwarka, New Delhi-110078.
3. It is stated that the petitioner intends to relinquish his entire share, title and interest in the property i.e. HIG Flat No. 183, 8th Floor, Category-B, Block-1, Sector-18-A, the Samrat Ashoka Enclave Co-operative Group Housing Society Ltd, Phase-II, Dwarka, New Delhi-110078, in favour of the younger brother respondent No.3. It is further submitted that as per the Will dated 21st October, 2014 no interest share in respect of property bearing Janta Flat No. 69, on the First Floor, situated at Vikaspuri, New Delhi- 110018, was either bequeathed to the petitioner and/ or respondent No.3, nor are any rights are being claimed by the petitioner in the present property. A prayer is made that a Probate on the basis of last Will dated 21st October, 2014 of Late Shri Subhash Chander, be granted.
4. The Valuation Report in respect of the two properties is as under: (a.) Janta Flat No. 69, on the First Floor, situated at Vikaspuri, New Delhi. Sr. No. Details of Property
1. Locality Vikaspuri, New Delhi
2. Category "Up to 30 Sq. Mtr."
3. Minimum rates per Sq. mtr. (per Sq, Mtr.) Rs. 40,320/- Per Sq. mtr
4. Area of Flat in question in Sq. Meter
5. Total cost of the land (40320X25) Rs. 10,08,000/-
6. Total cost of the property Rs.10,08,000/-(Ten Lakh Eight Thousand Only) b.) HIG Flat no. 183, 8th Floor, Category-B, Block-I, Sector-18A, the Samrat Ashoka Enclave Co-operative, Group Housing Society Ltd, Phase-H, Dwarka, New Delhi-110078. Sr. No. Details of Property
1. Locality Dwarka
2. Category 'Above 50 and Upto 100 Sq. Mtr.
3. Minimum rates per Sq. Mtr. Rs. 70,272/-
4. Area of Property in question in Sq. Meter 93.170 Sq. Mtr.
5. Total Cost of the Land (70,272 X 93.170) Rs. 65,47,242/-
6. Total cost of the property in question Rs.65,47,242/- (Sixty Five Lakh Forty Seven Thousand Two Hundred Forty Two Only)
5. The “No Objection” Certificate dated 01st October, 2021 has been given by respondent No.2 and respondent No.3.
6. The petitioner, in support of her case has examined two witnesses. PW[1] Ms. Sandhya Kashyap is the attesting witness who has proved her Affidavit of Evidence as Ex.PW1/A. A copy of her Aadhar Card is Ex.PW1/1. The original Will dated 21st October, 2014 is Ex.PW1/2 on which she has identified her signatures at point C and that of other attesting witness Late Shri Azad Kashyap at point D. She has further deposed that the Testator deceased Shri Azad Kashyap had signed and put the thumb impression at point D on all the pages of the Will in her presence.
7. PW[2] Sh. Ankit Bhattacharya is the Special Power of Attorney Holder of the petitioner who tendered his Affidavit of Evidence as PW2/1. It is deposed by him that both Respondent No.2 and Respondent No.3 have given their “No Objection Certificates”. Neither of the witnesses were crossexamined by the respondents.
8. Submissions heard.
9. Section 68 of the Indian Evidence Act, 1872 requires the Will to be proved by examination of at least one of the two witnesses. PW[1] Ms. Sandhya Kashyap and Late Shri Azad Kashyap are the two attesting witnesses of the Will. PW[1] Ms. Sandhya Kashyap had deposed that she had signed and put her signatures on the Will Ex.PW1/2 at point C and the other attesting witness Late Shri Azad Kashyap had signed at point D on every page. Her testimony is corroborated by PW[2] Sh. Ankit Bhattacharya, the special Power of Attorney Holder of the Petitioner.
10. The petition is not contested by respondent No.2 and respondent No.3, who are the beneficiary under the Will. The citation has been carried out in the Newspapers and no objections has been received from any third person.
11. The unchallenged and unrebutted testimony of the petitioner who appeared through her Special Power of Attorney holder PW[2] Shri Ankit Bhattacharya, is supported by the testimony of attesting witness PW[1] Ms. Sandhya Kashyap who has identified the signatures of the other Testator Late Shri. Subhash Chander on the Will. The authenticity of Will dated 21st October, 2014 of Late Shri Subhash Chander is hereby proved.
12. The present petition is allowed. Letter of Administration with Will annexed is hereby granted to the Petitioner, subject to payment of requisite court fees. Petitioner shall furnish Administrative Bond with one surety to the satisfaction of the learned Registrar General of this Court.
13. The valuation filed by the SDM concerned, is on record.
14. On payment of the requisite court fee and other formalities noted above, the Letter of Administration annexed with the Will shall be issued by the Registry.
15. The petition stands disposed of in the above terms.
16. List before the Joint Registrar (Judl.) on 15th December, 2022 for depositing of the bond.
JUDGE DECEMBER 2, 2022