Full Text
HIGH COURT OF DELHI
TEST.CAS. 38/2017
RAJESH OHRI ..... Petitioner
Through Mr. Neeraj Yadav, Advocate
Through Mr. Aditya Sharma, Advocate for R-2 to 6.
Date of Decision: 14th May, 2018
JUDGMENT
1. Present petition has been filed under Section 276 of the Indian Succession Act, 1925, for grant of probate of Will dated 25th January, 2016, executed by late Shri Bhim Sen Verma.
2. In the petition it has been averred that the petitioner is the sonin-law of the testator, late Shri Bhim Sen Verma, who expired on 13th November, 2016 in New Delhi. The testator is stated to have executed a registered will dated 25th January, 2016, which was duly attested by Shri Rajiv Kapoor and Shri Vardan R. Ohri. The petitioner is the 2018:DHC:3158 executor of the Will dated 25th January, 2016. The Will dated 25th January, 2016 executed by the testator is reproduced hereinbelow:- “WILL This WILL is made on 25th day of January, 2016 by Bhim Sen Verma, S/o Late Lala Ram Ditta Mal R/o B-1/34, Ist Floor, Safdarjung Enclave, New Delhi-110 029, superseding all other WILLS and Testaments, if any. I am aged 90 years and am having sound disposition of mind and understand all goods and bad. I am having the following family members:-
1. Savitri Devi Verma,: Wife R/o. B-1/34, Ist Floor, Safdarjung Enclave, New Delhi-110029
2. Sh. Vijay Kumar Verma,: Elder Son 1436, Ridgewood Circle Downers Grove, Illinoise-60516 (USA).
3. Sh. Ajay Kumar Verma,: Younger Son 3784, Lost Willow Drive, OHIO – 45040 (USA).
4. Mrs. Rakesh Kapoor,:Elder daughter W/o. Sh. Ashok Kumar Kapoor R/o. 6/68, Punjabi Bagh (West), New Delhi-110 026
5. Mrs. Sudesh Ohri:Younger W/o Sh. Rajesh Ohri Daughter 8/37, (G.F.) South Patel Nagar, New Delhi-110 008 I have the following immovable & Moveable Assets in my name and joint names. (1) Immovable Assets (a) RESIDENTIAL HOUSE B-1/34, Ist Floor Safdarjung Enclave, New Delhi-110029
2. Movable Assets (a) Balance in S.B. A/c No. 091901000006648 with IOB Safdarjung Enclave, New Delhi as on 18.11.15 3,89,438.12 (b) Balance in PPF A/c No. 10933110204 with State Bank of India, R.K. Puram, New Delhi as on 30.04.2015 63,31,909.48
(c) S.B.a/c No. 10350754635 with S.B.I. Bhikaji
(d) Housing Development Finance Corporation Limited,
DATE OF STAR T DATE OF MATUR ITY DEPOSI T AMOU NT MATUR ITY AMOU NT MODE OF OPERATI ON JOINT HOLDER NAME NOMINA TION DE/37889 15.7.15 15.05.17 100000 - EITHER OR SURVIVO R SAVITRI DEVI VERMA SUDESH OHRI DE/37889 15.7.15 15.05.17 100000 - EITHER OR SURVIVO R SAVITRI DEVI VERMA SUDESH OHRI DE/37789 11.6.15 11.04.17 184234 216974 EITHER OR SURVIVO R SAVITRI DEVI VERMA SUDESH OHRI DE/37789 15.6.15 15.04.17 150000 176657 EITHER OR SURVIVO R SAVITRI DEVI VERMA SUDESH OHRI DE/37788 15.6.15 15.04.17 128664 151529 EITHER OR SURVIVO R SAVITRI DEVI VERMA RAKESH KAPOOR DE/37214 20.2.15 20.12.16 223673 264535 EITHER OR SURVIVO R SAVITRI DEVI VERMA SUDESH OHRI DE/37199 14.2.15 14.12.16 174087 205890 EITHER OR SURVIVO R SAVITRI DEVI VERMA SUDESH OHRI DE/35881 03.4.14 03.02.16 300000 356601 EITHER OR SURVIVO R SAVITRI DEVI VERMA SUDESH OHRI DE/35883 09.4.14 09.02.16 260105 309179 EITHER OR SURVIVO R SAVITRI DEVI VERMA SUDESH OHRI DE/35882 09.4.14 09.02.16 260105 309179 EITHER OR SURVIVO R SAVITRI DEVI VERMA RAKESH KAPOOR DE/36058 19.5.14 19.03.16 100000 118668 EITHER OR SURVIVO R SAVITRI DEVI VERMA RAKESH KAPOOR DE/36394 13.8.14 13.06.16 700000 830671 EITHER OR SURVIVO R SAVITRI DEVI VERMA SUDESH OHRI DE/37255 2.03.15 02.01.17 142299 168295 EITHER OR SURVIVO R SAVITRI DEVI VERMA RAKESH KAPOOR DE/36538 17.9.14 17.07.16 200000 - EITHER OR SURVIVO R SAVITRI DEVI VERMA RAKESH KAPOOR (e) FDR’s with Indian Overseas Bank, Safdarjung Enclave, New Delhi, as under:- 1115015 06.07.15 05.06.17 40000 47002 EITHER OR SURVIVO R SAVITRI DEVI VERMA SUDESH OHRI 02.07.14 02.07.16 60241 72685 EITHER 26.05.14 26.05.16 200000 241314 EITHER 02.05.11 02.05.16 30000 48563 EITHER 1114017 05.09.14 25.07.18 750000 904925 EITHER 1115014 28.06.15 28.05.17 180000 211507 EITHER (f) FDR with State Bank of India, Bhikaji Cama Place, New Delhi, as under:- 25.03.14 25.03.16 500000 500000 EITHER I have reduced this Will in my sound mind and full senses, May God forbid if any dispute or claim of any kind arises amongst my legal heirs and my wife after my death and after my wife death in respect of this WILL, the same would be dealt as per the clauses of the WILL. This is my wish and desire that the Immovable & Moveable Property which stands in my name and joint names shall go after my death to my wife Savitri Devi Verma if she survives/is alive after my death. Otherwise if she expires before me then all the above mentioned Moveable/Immoveable property shall be divided amongst my two sons and two daughters as already mentioned above in equal shares after my death. I also declare that any further assets in addition to assets mentioned in the WILL in the form of moveable or immoveable assets which I may acquire during my life time shall be divided amongst my two sons and two daughters in equal shares. I also clarify and declare that my grand children from both sides i.e. children’s of my son Vijay Kumar Verma & Ajay Kumar Verma and children’s of my daughter Mrs. Rakesh Kapoor & Mrs. Sudesh Ohri shall have no right, claim, title or interest over my moveable and immoveable assets. The executants of this will would be Sh. Rakesh Ohri S/o Late Sh. Dharam Pal Ohri R/o 8/37, (G.F.) South Patel Nagar, New Delhi Sd/- Bhim Sen Verma (Testator) We, the following witnesses have witnessed this WILL in presence of Mr. Bhim Sen Verma, the contents of the same have been read over explained to him and he found the same as correct and we the witnesses have signed in the presence of each other and in the presence of Bhim Sain Verma on his instruction on.01.2016. Witness No. 1. sd/- Sh. Rajiv Kapoor S/o Sh. Ashok Kapoor R/o. 6 Road No. 68 Punbaji Bagh West, ND E.C. IX E0394312 Witness No. 2. sd/- Sh. Vardaan R Ohri S/o. Sh. Rajesh Ohri R/o. 8/37, GD Floor, South Patel Nagar, ND 662614300845”
3. It is stated that the deceased left behind six legal heirs, i.e. his wife (respondent no. 2), two sons (respondent nos. 3 and 4) and two daughters (respondent nos. 5 and 6).
4. Notice was issued on the present petition on 16th August, 2017. Citations were also directed to be issued, which came to be published in the English edition of the daily newspaper “The Statesman” Delhi edition and “Jansatta” (Hindi) Delhi edition.
5. Respondent nos. 2 to 6 have filed their „No Objections‟ supported by affidavits. The relevant portion of one such no objection affidavit filed by respondent no. 2 is reproduced hereinbelow:- “3. That I have no objection if the accompanying petition under Section 276 of the Indian Succession Act 1925, for grant of probate of the registered will dated 25th January, 2016, executed by my husband late Shri Bhim Sen Verma may be passed in favour of Petitioner herein being the executor of the said will in the present proceedings.”
6. No objections have been received to the Will after publication of the citations. Notices were duly served on the State and the other respondents. Valuation reports have been filed by the State.
7. Mr Rajesh Ohri, son in law of the testator has filed an affidavit by way of evidence and the said affidavit has been marked as Ex. PW1/X. It has been stated by the petitioner in his affidavit that the Testator was in a sound disposing mind at the time of signing the Will which was duly executed by him in the presence of the witnesses. It is further stated that the Testator expired on 13th November, 2016 at New Delhi leaving behind his last Will and testament dated 25th January,
2016. The petitioner has proved the original Death Certificate of the Testator as Ex.PW1/1.
8. Mr. Rajiv Kapoor, attesting witness‟s statement has been recorded before the Joint Registrar on 07th May, 2018 and he has as deposed as under:- “The Will dated 25.01.2016 was executed by late Mr. Bhimsen Verma in my presence and in the presence of Mr. Vardaan R. Ohri. I say that at the time of execution of the Will, Mr. Bhimsen Verma was in sound mental condition and there was no limitation of whatsoever to execute the said Will. I identify my signature at on the Will date 25.01.2016 at point
Bhimsen Verma signed the Will at points X in my presence and in presence of Mr. Vardaan R. Ohri. I had seen both the persons writing and can identify their signatures. I further state after Mr. Bhimsen Verma signed the Will, I signed it after him. Thereafter Mr. Vardaan R. Ohri signed the Will at point B.”
9. In view of the above, the Court is satisfied that the petitioner has succeeded in proving the testator Shri Bhim Sen Verma had executed the Will dated 25th January, 2016 and the said Will was his last will and testament.
10. Consequently, the present petition is allowed. The probate in respect of the Will dated 25th January, 2016 of the testator Shri Bhim Sen Verma annexed thereto is granted in favour of the petitioner, subject to his furnishing the requisite Court fee in terms of the latest valuation reports and submitting an administrative bond with one surety in accordance with law. MANMOHAN, J MAY14, 2018 mn/rn