Full Text
Date of Decision: 6th September, 2019
DR. RAJIV KUMAR GUPTA AND ORS. ..... Petitioners
Represented by: Mr.Pronoy Chatterjee, Adv. with
Mr.Yash Mishra, Ms.Nidhi Jaswal, Advs.
-State
JUDGMENT
1. By the present petition, the petitioner seeks grant of probate/Letters of Administration on the basis of the Will dated 31st August 2010 read with Codicil dated 26th August 2018 in relation to the estate of Late Ms. Daya Gupta in favour of the petitioners.
2. Briefly stated, the deceased, Late Ms. Daya Gupta died on 15th November, 2018. Late Ms. Daya Gupta was unmarried and her mother and father had predeceased her. Her brother Late Sh. Sheo Raj Singh Gupta was her only class I legal heirs. The Petitioner No. 1 and Petitioner Nos. 2 and 3 are the son and daughters of late Sh. Sheo Raj Singh Gupta respectively. Petitioner No. 4 and Petitioner No.5 are the wife and daughter of Petitioner No. 1. 2019:DHC:4460
3. During the lifetime of the deceased, Ms. Daya Gupta, she made her last Will dated 31st August, 2010 read with the codicil and made Petitioner No. 1 to Petitioner No. 5 as the beneficiaries of the said Will.
4. An affidavit by way of evidence has been tendered by the Petitioner No.3, Ms. Alka Aggarwal (PW-1) vide Ex. PW-1/X. The original death certificate of Ms. Daya Gupta has been exhibited as Ex. PW-1/1. The Will and the codicil executed by the deceased have been exhibited as Ex. PW-1/2 and Ex. PW-1/3 respectively. By virtue of the Will, the deceased bequeathed all her assets both movable and immovable on to the petitioners.
5. Affidavit by way of evidence have been filed by Mohd. Arshad Khan who was witness to the Will dated 31st August, 2010. Affidavits by way of evidence have also been filed by Mr. Ganpatsinh G. Rathod and Sh. Vasani Harasukhbhai Manjibhai who were the witnesses to the codicil dated 26th August 2018.The affidavits of Mohd. Arshad Khan, Mr. Ganpatsinh G. Rathod and Sh. Vasani Harasukhbhai Manjibhai, who appeared as PW-2, PW-3 and PW-4, were exhibited as Ex. PW-2/X, Ex. PW-3/X and Ex. PW- 4/X respectively.
6. The tabular devolution of the immovable and movable assets in favour of the petitioners is as under: DETAILS OF ASSETS BEING DEVOLVED UPON THE PETITIONER UNDER WILL DATED 31st AUGUST 2010 READ WITH CODICIL DATED 26th AUGUST 2018. Sl. No. Immoveable Properties (a) DDA Freehold Flat No. D-3/3185, Vasant Kunj, New delhi, in favour of petitioner No. 1 (b) Residential Plot (559 sq. Mtrs) in City Aligarh, Distt. Aligarh, U.P. was bequeathed by the Testatrix in favour of Petitioner No. 2. However, though the Codicil made by the Testatrix the said property is now bequeathed in favour of Petitioner No. 3.
(c) One half undivided share in Freehold plot (392 sq mtrs) at
South Extension, New Delhi, was bequeathed by the Testatrix in favour of Petitioner No. 3. However, through the Codicil made by the Testatrix the said property is now bequeathed in favour of Petitioner No. 5. Moveable Properties (a) Diamond Set (14 tolas Gold+13.20 carats diamonds) with necklace, Jhumkis, kangan and ring., in favour of Smt. Namrata Gupta, Petitioner No. 4. Through the Codicil dated 26.08.2018, the said jewelleries have already been handed over to the beneficiary. (b) Emerald Set with pearl (15 tolas gold), 4 Gold Kangans (16 tolas gold) and a pair of Gold Payals (12 tolas gold), in favour of petitioner No. 2 with an advice that she would use half of the jewellery in the marriage of her two daughters named Shivi and Shreya. Through the Codicil dated 26.08.2018; the said jewelleries have already been utilized by the petitioner No. 2 for the marriage of her two daughters, Shivi and Shreya.
(c) Ruby Set (12 golas gold), Gold Set Small (32 tolas gold) and
4 Gold Kangans in favour of petitioner No. 3. Through the Codicil dated 26.08.2018; the said jewelleries have already been handed over to the beneficiary.
(d) Gold Kardhani (72 tolas gold), in favour of petitioner No. 4.
Through the Codicil dated 26.08.2018; the said jewellery was handed over to Namrata Gupta, Petitioner no. 4. Bank Accounts & Other Financial Investments (a) The Balance in the Bank account No. 16431 at Bank of India, Malai Mandir, New Delhi in favour of petitioner NO. 3. (b) The Balance in bank account No. 4316 at Central Bank of India, Jalaun, U.P. in favour of petitioner No. 1.
(c) The Senior Citizen’s deposit worth ₹15,00,000/- (Rupees
Fifteen Lacs only) in favour of petitioner no. 1 with an advice that it should be used for the education of his son named Rajas.
(d) The RBI Bonds worth ₹10,00,000/- (Rupees Ten Lacs only) in favour of petitioner no. 4 and the proceeds from Kiasan Vikas Patra and National Savings Certificates worth around ₹11,50,000/- (Rupees Eleven Lacs Fifty Thousand only). Through the Codicil dated 26.08.2018 the said financial instruments are no more in existence as they have already been utilized for religious purposes and for the purpose of education of petitioner no. 3’s sons Ankit and Prateek. (e) The Codicil dated 26.08.2018 has further added to the Will dated 31.08.2010 that the credit balance in the Allahabad Bank Savings Bank Account No. -50411507557 at Jalaun, U.P., State Bank of India Savings Account No.- 10679187232 at Jalaun, U.P. and Post Office Savings Account No.8138197207 at Jalaun shall be inherited by petitioner No. 1
7. Valuation report was filed in respect of Property bearing Flat No. D- 3/3185, Vasant Kunj, New Delhi by the Thesildar, Mehrauli whereby the cost of the said property was valued to be around ₹55,37,664/-.
8. Valuation report in respect of Property bearing K-1, South Extension Part-I, New Delhi has been filed by the Assistant Collector GR-II, Sub- Division (Defence Colony), District South-East, New Delhi whereby the said property was valued to be around ₹8,04,59,359/-.
9. Valuation report in respect of Property bearing Residential Plot (559 sq. Mtrs) in City Aligarh, Distt. Aligarh, U.P has been filed by the Sub- District Magistrate, Kol, Aligarh whereby the cost of the said property was valued to be around ₹36,27,000/-.
10. Since the petitioners have proved that a legally valid Will dated 31st August, 2010 followed by a Codicil dated 26th August, 2018 were executed by the deceased Late Ms. Daya Gupta, there is no impediment in granting the relief of letter of administration as claimed in the petition. The petitioners being the beneficiaries under the Will (Ex. PW-1/2) and codicil (Ex. PW-1/3) which have been proved to have been executed validly by the testator Ms. Daya Gupta, in absence of proof to the contrary.
11. Accordingly, letters of administration with respect to Will (Ex. PW- 1/2) dated 31st August 2010 read with codicil (Ex. PW-1/3) dated 26th August 2018 of Ms. Daya Gupta, is granted in favour of the petitioners in respect of the immovable and movable properties 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.
12. Petition is disposed of.
13. Matter be listed before the Registrar General for payment of requisite court fees, if any, in respect of the abovementioned immovable and movable property of the deceased and for acceptance of the administration bond and surety bond on 30th October, 2019.
JUDGE SEPTEMBER 06, 2019 sk