Sh. Jatin Sehgal v. State of Govt. of NCT of Delhi

1. By the present petition, the petitioner seeks grant of probate/Letters of Administration on the basis of the Will dated 3rd March 2012 with respect to immovable and movable assets of Lt. Sh. Ram Prakash.

2. Briefly stated, case of the petitioner is that Lt. Sh. Ram Prakash expired issueless with no legal heir on 26th January 2013. Deceased was the maternal uncle of the petitioner.

3. During his lifetime, the deceased executed a will dated 3rd March 2012 thereby making the petitioner beneficiary of the same. As per the will following movable and immovable assets were bequeathed on the petitioner: i. One 4 bed room flat bearing no. A-2/34, Azad Apartment, IIT Gate, New Delhi allotted by Navketan Coop Group Housing Society Ltd vide a Regd. Conveyance Deed registered being document no. 13970 2019:DHC:5570 Addl. Book No. 1, Vol. No. 361 pages 73-74 on 28th September 2000 in the office of Sub Registrar- VII, New Delhi. ii. S. B. A/c 00321000060178 in HDFC Bank Ltd. iii. O. D. A/c 00322100001466 in HDFC Bank Ltd. iv. S. B. A/c 04671570000225 in HDFC Bank Ltd. v. D-mat Account.

4. The valuation report in respect of Property bearing no. A-2/34, Azad Apartment, IIT Gate, New Delhi has been submitted by the Sub-Divisional Magistrate Hauz Khas, New Delhi whereby the value of the said property has been ascertained as ₹1,42,02,552/-.

5. Will of the deceased dated 3rd March 2012 has been attested by two witnesses. Affidavit of attesting witness no. 1 was filed declaring that the testator/deceased signed the will in his presence. The citation dated 28th November 2018 was also published in ‘The Statesman’, Delhi Edition.

6. In compliance of the order dated 30th April 2019, the petitioner filed an additional affidavit showing the relation between the deceased and family of petitioner whereby he proved that the deceased was the maternal uncle of the petitioner as the deceased was the son of Smt. Saroj W/o Late Hari Ram (real Sister of grandmother of the petitioner).

7. In view of facts and circumstances, there is no impediment in granting the relief of letter of administration as claimed in the petition. The petitioner being the beneficiary under the Will which is proved to have been executed validly by the testator Lt. Sh. Ram Prakash, in absence of proof to the contrary.

8. Accordingly, the petition is allowed, letters of administration with respect to Will dated 3rd March 2012 of Sh. Ram Prakash, is granted in favour of the petitioner in respect of the immovable and movable property left behind by the deceased as mentioned, subject to the requisite court fees/stamp duty being furnished in accordance with the valuation report and upon submission of administration bond and surety, in accordance with law, to the satisfaction of the Registrar General of this Court.

9. Petition is disposed of.

10. Matter be listed before the Registrar General for payment of requisite court fees in respect of the abovementioned immovable and movable property of the deceased and for acceptance of the administration bond and surety bond on 29th November, 2019.

JUDGE OCTOBER 24, 2019 ‘SK’