Rajat Sharma and Others vs Government of Nct of Delhi and Others

Reva Khetrapal, J.—The petitioners being the beneficiaries named in the Will dated 14.02.1993 executed by their maternal grandmother late Smt. Manorma Yamdagni, have filed the present petition u/s 276 of the Indian Succession Act, 1925 seeking grant of probate in respect of the said Will. The respondents No.2 to 4 are the daughters of late Smt. Manorma Yamdagni. The petitioners No.1 to 3 are sons of respondents No.2 to 4 respectively. It is averred in the petition that the testatrix - Smt. Manorma Yamdagni died on 15.10.2009 at the age of 89 years at Shanti Gopal Hospital at Ghaziabad, UP. A copy of the death certificate is placed on record. The testatrix executed her last Will and testament on 14.02.1993 bequeathing her self- acquired property, i.e., Plot-8, Block C, Diplomatic Enclave Extension Co-operative House Building Society Ltd., which is now identified as C -8, West End Colony, New Delhi in favour of her three grandsons, namely, Shri Rajat Sharma, Shri Neerav Sharma and Shri Maanav Sharma (the petitioner Nos.1, 2 and 3 herein) to the exclusion of her own daughters, namely, Dr. Madhu Dhar, Smt. Indu Sharma and Dr. Nalini Sharma, who are the only legal heirs of the testatrix. It is asserted that the said Will is the final Will and testament of the testatrix, which was executed by her in sound health and without any pressure. It is also asserted that the said Will was executed by the testatrix in the presence of two attesting witnesses, namely, Shri Ravi Dutta Sharma and Shri S.K. Yamdagni, both of whom, it is stated, have left for their heavenly abode. The petitioners are presently residing outside India and all of them have lawfully constituted Dr. Smt. Nalini Sharma (respondent no - 4) as their attorney to institute, sign, verify and prosecute the present petition on their behalf vide separate Special Power of Attorney executed by them in her favour. The petition is also supported by affidavits of ''No Objection'' of the daughters of the testatrix to the grant of probate in respect of Will dated 14.02.1993 of their deceased mother.

Notice of the petition was issued to the State and all the other respondents. Replies in the form of affidavits were filed by respondents No.2 to 4. Publication of citation in the Delhi edition of the ''Statesman'' was got effected on 15th July 2011. Notice was also issued to the Chief Revenue Controlling Authority for valuation report in respect of the immovable property of the testatrix i.e C -8, West End Colony, New Delhi. The valuation report from the Sub-Divisional Magistrate, Vasant Vihar is on record which shows the value of the property to be Rs. 3,92,20,574/-.

There is no contest to the petition either by the respondents or by members of general public. The respondent no.2, Dr Madhu Dhar, in her reply by way of affidavit, has stated that her mother, late Smt. Manorma Yamdagni was the absolute owner of the property bearing Plot No.8 in Block C of the Diplomatic Enclave Extension Co-operative House Building Society Ltd., which was allotted to her by way of a Perpetual Sub-Lease Deed dated 20th August, 1966, duly registered in the office of Sub-Registrar II, Delhi on 16.09.1966 vide Document No-6650, in Additional Book No-1, Volume No-1608 on pages 151 to 157. The said property is now identified as C-8, West End Colony, New Delhi. By virtue of the Will dated 14.02.1993, her mother bequeathed the said property in favour of her three grandsons, namely, Shri Rajat Sharma, Shri Neerav Sharma and Shri Maanav Sharma, in her presence and in the presence of the other sisters (respondent Nos. 3 and 4). The signature on the Will above the word ''Testator'' is the true and genuine signature of the testatrix, which she has seen the testatrix affixing on various other documents. The Will is duly attested by the witnesses, Shri Ravi Dutt Shrama and Shri S.K Yamdagni (the brother and husband of the testatrix respectively); and that her mother was in her perfect state of mind at the relevant time. Affidavits filed by Respondent Nos. 3 and 4 are to the same effect.

The petitioners, in support of the petition, have filed their evidence by way of affidavits of PW-1, Smt. Indu Sharma and PW-2, Dr. (Smt.) Nalini Sharma, the respective mothers of the petitioners No.2 and 3. PW-1 Smt. Indu Sharma, in her affidavit by way of evidence, testified that the petitioners, who are the grandsons of late Smt. Manorma Yamdagni are the beneficiaries of the last and final Will dated 14th February, 1993 (Exhibit PW1/1) of her mother, late Smt. Manorma Yamdagni. She proved on record the death certificate of the testatrix as Exhibit PW1/2 and the original Perpetual Sub-Lease Deed relating to the plot of the testatrix as Exhibit PW1/3 and deposed that late Smt. Manorama Yamdagni devised and bequeathed her aforesaid property to her three grandsons i.e., the petitioners herein in equal undivided shares. The Will had been duly executed by the testatrix in the presence of the attesting witnesses, late Shri Ravi Dutt Sharma and late Shri S.K. Yamdagni, who had signed the said Will in her presence and in the presence of each other. Further, she deposed that on 14.02.1993, the testatrix was in perfect state of mind, and she remained in sound disposing mind till her death on 15.10.2009. Similar affidavit by way of evidence was also filed by respondent No.4- Dr. Smt. Nalini Sharma (PW-2).

In view of the aforesaid statements made by PW1 and PW2 by way of affidavits, which are unrebutted on record, this Court is of the opinion that the averments made in the petition stand proved.

The petitioners are the only beneficiaries named in the Will, the veracity of which stands established, and as such there is no bar in granting Letters of Administration with Will annexed in their favour. However, probate of the Will in question cannot be granted to the petitioners in view of the statutory bar created by Section 222 of the Indian Succession Act, 1925.

Accordingly, the present petition is allowed by granting Letters of Administration in respect of the Will dated 14.02.1993 in favour of the petitioners with regard to their respective shares in the immovable property of late Smt. Manorma Yamdagni mentioned in the Will, subject to the petitioners fulfilling all the legal formalities including furnishing of Administration Bond of the requisite value. The petition stands disposed of in the above terms.