Full Text
TEST.CAS. 76/2016
SHEILA WANTI ..... Petitioner
Through: Mr. Dinesh Monga, Advocate.
Through
20.03.2018
JUDGMENT
1. This testamentary case is filed by the petitioner-Smt. Sheila Wanti wife of deceased late Sh. Mela Ram for grant of Letters of Administration with respect to the Will dated 12.8.1997 executed by Sh. Mela Ram. Sh. Mela Ram was a Hindu who died on 11.10.2003 at Delhi leaving behind as his legal heirs the petitioner and respondent nos.[2] to 5. Respondent nos.[2] to 5 are the children of the petitioner and late Sh. Mela Ram.
2. Both the attesting witnesses to the Will, namely Mrs. Kanti Bala and Mrs. Swarn Bala have filed their affidavits by way of evidence. These two attesting witnesses have deposed with respect to execution and Test. Cas. No.76/2016 2018:DHC:1942 attestation of the Will dated 12.8.1997 of late Sh. Mela Ram. The attesting witnesses have also deposed that the deceased Sh. Mela Ram was in a sound disposing mind at the time of execution of the said Will. The Will has been proved and exhibited as Ex.PW1/6.
3. I therefore hold that petitioner has succeeded in proving the Will of Sh. Mela Ram. The affidavits of ‘No Objection’ of the respondent nos.[2] to 5 are on record for no objection being given for grant of Letters of Administration to the petitioner. Respondent nos.[2] to 5 have filed their no objections through an Advocate.
4. This petition therefore is granted for Letters of Administration with the Will annexed dated 12.8.1997 of late Sh. Mela Ram. The petitioner will be granted Letters of Administration by filing the necessary surety bond/administrative bond. The Tehsildar of Delhi Cantt has filed his report with respect to valuation of the property at the circle rates and Letters of Administration is issued in favour of the petitioner with respect to the property C-46, Naraina Vihar, New Delhi as per the valuation given by the Tehsildar, Delhi Cantt in his report and which is filed in this Court on 28.1.2017. Test. Cas. No.76/2016 page[2] of 3
5. The testamentary case is accordingly allowed and disposed of in terms of aforesaid observations.
VALMIKI J. MEHTA, J MARCH 20, 2018 Ne