Dayanand Jha vs State Of Delhi & Ors

The petitioner is seeking probate of the Will dated 19th May, 1997 of late Mahanand Jha. Late Mahanand Jha expired on 14th January, 2000. The

petitioner is the younger brother of late Mahanand Jha. Late Mahanand Jha was survived by his widow (respondent No.2), two sons (respondents

No.3 and 4) and one daughter (respondent No.5).

Late Mahanand Jha left behind a Will and an addendum both dated 19th May, 1997 (Ex.PW1/2 and Ex.PW1/3) according to which the deceased

bequeathed flat bearing No.3265, Ground Floor, Pocket 3, Sector D, DDA SFS Flats, Vasant Kunj, New Delhi in favour of the petitioner or his wife.

According to the Will, the deceased purchased the above flat out of the proceeds of agricultural land of the petitioner and his wife. The deceased had

already given the authority letter and title papers to the petitioner’s wife to take the possession of the flat from Delhi Development Authority. The

deceased also recorded in the Will that the flat was already in the possession of the petitioner. The deceased bequeathed the flat in favour of the

petitioner or his wife. The deceased further recorded that his wife, sons and daughter will have no right over the said flat. The deceased appointed the

nephew, Sumit Jha as executor of the Will.

The petitioner appeared in the witness box as PW-1. The petitioner examined both the witnesses to the Will as PW2 and PW3. The petitioner

examined his wife as PW4.

The petitioner deposed that his brother, late Mahanand Jha executed the Will and an addendum as Ex.PW-1/2 and PW-1/3 respectively in respect

of flat bearing No.3265, Ground Floor, Pocket 3, Sector D, DDA SFS Flats, Vasant Kunj, New Delhi which was purchased by the deceased out of

the money received by selling the share of petitioner and his wife in the agricultural land and the deceased had handed over the title documents to the

petitioner’s wife during his lifetime. PW-1 further deposed that the respondents were well aware about the execution of the Will dated 19th May,

1997 and therefore, they never disputed the execution of the Will as well as title and ownership of the flat in favour of the petitioner.

PW2 and PW3 deposed that they were known to the deceased and other family members as they had family relations and attended each

other’s family functions. On 19th May, 1997, the marriage of the petitioner’s son was solemnized at Mumbai in which the deceased had

participated as an elder brother and was fully involved in all the family rituals. The deceased dictated his Will to PW3 who wrote down in his

handwriting in the presence of the deceased and other attesting witnesses, PW2. PW3 read over the Will to the deceased who thereafter signed the

same in the presence of PW2 and PW3 who attested the same in the presence of the deceased. PW4 supported the petitioner and reiterated the

averments made in the petition.

During the course of the hearing dated 20th February, 2019, this Court examined respondent No.3 on oath in exercise of power under Section 165

of the Indian Evidence Act. After recording of the statement, respondent No.3 withdrew his objections as well as the objections of respondents No.2,

4 and 5.

This Court is satisfied that the Will and an addendum both dated 19th May, 1997 (Ex.PW1/2 and Ex.PW1/3) are the last and true Will and

addendum of late Mahanand Jha. Ex.PW1/2 and Ex.PW1/3 have been validly executed by late Mahanand Jha in the presence of PW2 and PW3 who

signed the Will in the presence of the deceased and in the presence of each other. There is no merit in the objections of respondents No.2, 4 and 5

who have withdrawn the same.

The petition is allowed and the letters of administration in respect of the Will and addendum both dated 19th May, 1997 of late Mahanand Jha are

granted to the petitioner upon depositing the necessary stamp duty.

Since the petitioner is in possession of the flat in question, the petitioner is exempted from filing the administration and surety bonds.

Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.