Lt. Gen. Sanjiv Chachra vs State and Others

Reva Khetrapal, J.—This is a petition u/s 276 of the Indian Succession Act, 1925 seeking grant of probate of Will dated 07.04.2005 of late Major Om Prakash Chachra. Late Major Om Prakash Chachra was the father of the Petitioner and of the Respondent Nos. 3 and 4 and the husband of the Respondent No. 2. He died on 24.03.2010 and the Will dated 7th April, 2005 is stated to be his last Will and testament bequeathing his immovable property in favour of the Petitioner, viz., Property bearing No. C-232, Defence Colony, New Delhi-110024, while the movable properties, i.e., money, debentures, shares, units, mutual funds, fixed deposits, saving bank accounts, etc. with various banks and post offices, were bequeathed in favour of the Respondent No. 2, i.e., wife of late Major Om Prakash Chachra. It is stated that the Shop bearing No. 13, First Floor, measuring 13.46 sq. metres, located in Local Shopping Complex, Madangir, New Delhi owned by the deceased was sold by him during his lifetime and the petitioner does not have any interest left in the said property. It is further stated that the movable assets bequeathed in favour of the Respondent No. 2, namely, Smt. Pushpa Chachra already stand transferred in her name.

Notice of the filing of the petition was issued to the Respondent No. 1/State as well as to the legal representatives of the deceased arrayed as Respondent Nos. 2 to 4 in the petition. Publication of citation of the petition was also got effected in the Delhi edition of the Statesman on 23rd August, 2011. No objection to the petition was received from any member of the public. Valuation report in respect of the immovable property was also requisitioned from the SDM, Defence Colony, who submitted his report before this Court on February 24, 2012 through Mr. Rajender Prasad Yadav, Patwari. As per the said report, which is on record, the value of the property forming the subject matter of the Will, viz., C-232, Defence Colony, New Delhi is stated to be Rs. 4,05,89,716/- (Rupees Four Crore Five Lac Eighty Nine Thousand Seven Hundred and Sixteen Only).

Replies to the probate petition have been filed by the Respondent No. 2 - Smt. Pushpa Chachra, the Respondent No. 3 - Shri. Rajiv Chachra and the Respondent No. 4 - Smt. Kiran Malhotra, affirming and reiterating that the said Respondents and the Petitioner are the only legal heirs of late Major Om Prakash Chachra and that Will dated 7th April, 2005 was the last Will and testament of the deceased, who had bequeathed the property bearing No. C-232, Defence Colony, New Delhi-110024 to the Petitioner. Grant of probate in favour of the Petitioner in respect of the Will dated 7th April, 2005 executed by the deceased in favour of the Petitioner was thus not opposed by any of the legal representatives of the deceased or any member of the public.

In order to substantiate the assertions made in the plaint with regard to the execution of the Will dated 7th April, 2005 by late Major Om Prakash Chachra, the Petitioner tendered in evidence his affidavit by way of evidence, which is exhibited as Ex. PW1/A. In his said affidavit, the Petitioner has reiterated and reaffirmed the contents of the petition and proved on record original Death Certificate of the testator as Ex. PW1/1 and original Will of the testator dated 07.04.2005 as Ex. PW1/2.

The Petitioner also adduced the evidence of PW2 Captain Rajesh Sethi (Retired), who tendered in evidence his affidavit by way of evidence, which is exhibited as Ex. PW2/A. PW2, in his affidavit, has deposed that the Will dated 7th April, 2005 was executed by late Major Om Prakash Chachra, who, at the time of execution of the said Will, was physically and mentally fit and alert and was of sound mind. He further deposed that the deceased had executed the Will out of his own free will and volition, without any coercion, undue influence or pressure of any kind whatsoever. He also deposed that he was one of the attesting witness to the said Will which was signed by the testator in his presence. He could identify the signatures of the testator and his own signatures at Point ''A'' on the said Will.

In view of the aforesaid evidence brought on record, this Court is of the view that the due execution of the Will dated 7th April, 2005 by late Major Om Prakash Chachra in favour of the Petitioner, Lt. Gen. Sanjiv Chachra stands established on record. The only other legal representatives of the deceased are the Respondent No. 2 - Smt. Pushpa Chachra, wife of the deceased(to whom the deceased had bequeathed all his movable properties as set out hereinabove), the Respondent No. 3 - Shri Rajiv Chachra, the other son of late Major Om Prakash Chachra and the Respondent No. 4 - Smt. Kiran Malhotra, daughter of the deceased. All the said legal representatives of the deceased have given their ''No Objection'' to the grant of probate in the present case and there is therefore no impediment to the grant of relief prayed for by the Petitioner.

Resultantly, the petition deserves to be allowed. However, in view of the fact that the Petitioner has not been named as the executor of the Will dated 07.04.2005 and Section 222 of the Indian Succession Act, 1925 allows the grant of probate only in favour of the executor named in the Will, this Court grants Letter of Administration in favour of the Petitioner in respect of Will dated 7th April, 2005 on the Petitioner fulfilling all the requisite formalities pertaining thereto. The petition stands disposed of in the above terms.