Full Text
HIGH COURT OF DELHI
Date of Decision: 24th October, 2019
ANIL KUMAR KHANNA ..... Petitioner Represented by: Ms.Neha Bhatia, Advocate.
Represented by: Ms.Shefali Vohra, Advocate for respondent No.1/State.
Mr. Vinod Khanna, Advocate for respondent Nos.2, 3, 4, 8 and 9.
Mr.Prakash Chand, Advocate for respondent Nos.5, 6 and 7.
JUDGMENT
1. By the present petition, the petitioner seeks grant of probate/Letters of Administration of the Will dated 26th August 2010 in relation to immovable and movable assets of Lt. Sh. Baldev Raj Khanna.
2. Briefly stated, the deceased expired on 23rd September 2014. Petitioner is the son of the deceased and respondent nos. 8 and 9 are his daughters. Respondent No. 2 and Respondent No. 5 are the wives of predeceased sons of the deceased that is Lalit Kumar Khanna and Sunil Kumar Khanna respectively. Respondent Nos. 3 and 4 are the son and daughter of pre-deceased son Lalit Kumar Khanna. Respondent No. 7 is the son of predeceased Sunil Kumar Khanna.
3. During his lifetime, the deceased executed a Will dated 26th August 2010 and appointed the petitioner as the executor. As per the Will dated 26th 2019:DHC:5569 August 2010, the wife of the deceased was given life time interest in the property bearing no. A-118, Vivek Vihar, Phase-1, Delhi-110095. After the demise of the wife of the deceased on 19th December 2017 the suit property bequeathed upon the petitioner and the respondents in the following manner: i. Ground Floor: Petitioner ii. First Floor: Respondent No. 5 iii. Second Floor: Respondent No. 2 iv. Roof: Common v. Stairs: Common vi. Outer Side Walk: Common
4. Further as per the Will, all the movable property that is the bank accounts, fixed deposits and saving cash devolved upon the wife of the deceased and all the jewellery, fixed deposit and cash in bank were to remain in absolute possession and utilization of wife of the deceased. After the death of the wife of the deceased the jewellery was to be divided amongst the daughters. The fixed deposits were to be given to the nominee of that account.
5. The signatures of the deceased were attested by the Account manager, Sh. S. L. Singh, State Bank of Maharastra, Vivek Vihar Branch, Delhi. The Will of the deceased was also attested by two witnesses namely Lt. Sh. Gulshan Lal and Sh. Narain Dass. The affidavit of Sh. Narain Dass has been filed proving the signatures of the deceased on the said Will.
6. As per the valuation report dated 25th September 2019 the net value of the property has been estimated to be ₹1,64,44,866/-.
7. Respondent Nos. 2 to 9 have filed “No objection” for granting probate of the will dated 26th August 2010.
8. 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 and the respondents being the beneficiaries under the Will which is proved to have been executed validly by the testator Lt. Baldev Raj Khanna, in absence of proof to the contrary.
9. Accordingly, letters of administration with respect to Will dated 26th August 2010 of Sh. Baldev Raj Khanna, is granted in favour of the petitioner and the respondents in respect of the immovable and movable property left behind by the deceased as mentioned above, 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.
10. Petition is disposed of.
11. 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‟