Seemant Dua v. The State of NCT, Delhi

1. This testamentary case is filed by the petitioner seeking probate of the Will dated 15.9.2001 executed by the deceased Dr. Ram Parkash Dua. Petitioner is the nephew of late Dr. Ram Parkash Dua who expired at Delhi on 17.2.2003,

2. In the present case, petitioner had given the names of the legal heirs of the deceased Dr. Ram Parkash Dua in para 3 of the petition and two of which legal heirs had filed objections but thereafter these objections were not pursued. It may be noted that as per the averments in the 2015:DHC:10085 Will dated 15.9.2001 of late Dr. Ram Parkash Dua, his wife i.e Smt. Raj Dua had deserted him way back in 1961 as also his daughter who is mentioned at serial no.3. In the Will of late Dr. Ram Parkash Dua, it is mentioned that it is the petitioner who took care of late Dr. Ram Parkash Dua in his old age.

3. Petitioner has stepped into the witness box as PW-1 and has proved the aspect that the wife and daughter of late Dr. Ram Parkash Dua left him in 1961 and in fact it is the petitioner who was taking care of late Dr. Ram Parkash Dua. Petitioner has also deposed as to the soundness of mind of late Dr. Ram Parkash Dua at the time of execution of the subject Will dated 15.9.2001. The Will has been duly registered with the Sub- 5429 at pages from 28 to 29.

4. Petitioner has also led evidence of one attesting witness Brigd.(Retd.) Surinder Kumar Grover as PW-2. This witness has proved the due execution and attestation of the Will and that the testator had signed in front of the attesting witnesses and the attesting witnesses had signed in front of the testator. The Will is proved as Ex.PW2/1. PW-2 has also proved the soundness of mind of the deceased testator for making of the Will and in fact it is stated that after making the Will Dr. Ram Parkash Dua was active and used to read various research papers at various institutions. In fact, after getting the Will registered, he read his paper at the India History Congress at Amritsar (Punjab). On the date of his death, he attended a lecture at SAPRU House.

5. In view of the above, petitioner having led evidence to prove the due execution and attestation of the Will, and also that the deceased testator late Sh. Ram Parkash Dua was in sound disposing mind at the time of execution of the Will, this probate petition is allowed and the petitioner is granted probate of the Will dated 15.9.2001 Ex.PW2/1.

6. Since the petitioner is almost a sole beneficiary in terms of the Will of late Dr. Ram Parkash Dua, petitioner will give an administration bond limited to certain books which as per the Will were to be given to other nephews Sh. Vikas Bhusri and Sh. Neeraj Pahwa. Also, the administration bond will also be given with respect to amounts which are lying in the bank accounts of late Dr. Ram Parkash Dua, in case the petitioner wants to be the administrator of the amounts in these bank accounts. It is noted that the Will does not divide the bank accounts between any legal heirs and therefore, in case the petitioner takes control of the bank accounts, he will do so only as an administrator/trustee for giving the benefit of the amounts lying in the bank accounts to the legal heirs as per law.

7. Let a probate be granted to the petitioner on filing the necessary court fee and the administration bond. Petition is allowed and disposed of accordingly.

DECEMBER 10, 2015 VALMIKI J. MEHTA, J. ib