* IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. No.72/2010 PRAVEEN KHURANA Petitioner Through Mr. N.S. Vashisht, Adv. with Mr. Vishal Singh, Adv. versus STATE GOVT OF NOT OF DELHI Respondent Through ^ CORAM: HON'BLE MS. JUSTICE GITA MITTAL ORDER % 26.09.2011 1. The present petition has been filed under Section 278 of the Indian Succession Act, 1925 for grant of letters of administration in respect of the Wi l l dated 14'^ May, 1997 executed by Late Dr. Dev Raj Khurana-father of the plaintiff. This Will was executed in the presence of Shri Nathu Ram Sharma and Dr. Naveen Sakhuja who have signed ^ and affixed signatures on the Wil l in the presence of the deceased testator. 2. The deceased left behind the following class 1 lega^ heirs:- (a) Smt.Chandra Khurana - Widow (b) Shri Naveen Khurana - Son (c) Praveen Khurana - Son Digitally Signed By:AMULYA Signature Not Verified - 2 - 3. The signing and execution of the Wil l has been established in the affidavits of Shri Nathu Ram Sharma and Shri Praveen Khurana who has appeared as PW 1. The affidavit of Shri Praveen Khurana has been proved on record as Exh.PW 1/X. 4. The petitioner has proved the death certificate with regard to the death of Late Dr. Dev Raj Khurana on 7*^^ November, 2011 as Exh.PW 1/2.-f 5. Smt. Chandra Khurana, widow of Late Dr. Dev Raj Khurana has also filed her no objection to the grant of letters of administration to the petitioner by way of affidavit dated 7''" October, 2010 as well as an additional affidavit dated 17'^ February, 2011 Exh.PW 1/3. She has also confirmed the execution of the said Will dated 4'^'' May, 2011 by the deceased testator. 6. Shri Naveen Khurana, the other son of deceased Dr. Dev Raj Khurana has also filed his no objection to the grant of the present petition by way of affidavit dated 17*^^' February, 2011 Exh.PW 1/4. ^ 7. The publication of the citation of the present petition was effected ^ in terms of the order dated 18"" October, 2010 in the "Statesman" Delhi "edition on 6'^ January, 2011. No objections were received in the present matter from any member of the public. 8. The assets which form the estate of the deceased have been detailed in para 7 of the affidavit of the petitioner Shri Praveen Khurana in the deposition PW 1/X and also detailed in the schedule annexed as - 3 - Annexure P-lll. 9. In view of the above, It is held that the Late Dr. Dev Raj Khurana made and executed the Will dated 14-^^ May, 1997 as his last and valid Will and testament. No executor was appointed by the deceased in the said Will. 10. Subject to the petitioner furnishing the administration bond and | security bond to the satisfaction of the Registrar General and depositing \ I % i court fee in accordance with law, the petitioner will be entitled to the | '-^Jietters of administration of the property detailed in schedule annexed as / Annexure P-lll. This petition is allowed in the above terms. SEPTEMBER 26, 2011 aa GITA finTAL ■-//9 hL ^ioSCin [j/r . - , "7^ U fncy; h / 0^ 1 $~22. * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 72/2010 PRAVEEN KHURANA Petitioner Through: Mr. N.S. Vashisht, Advocate with Ms. Jyoti Kataria, Advocate versus STATE GOVT OF NOT OF DELHI Respondent Through: None CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER o/o 21.09.2015 I.A. 17410/2015 fbv the petitioner u/S 151 and 152 CPCJ 1. The present application has been filed by the petitioner under Sections 151 and 152 CPC for seeking correction of two typographical errors in paras 4 and 5 of the order dated 26.09.2011. 2. Counsel for the petitioner states that erroneously, the date of death of late Dr. Dev Raj Khurana came to be typed as 7^*^ November, 2011 in para 4 of the order dated 26.09.2011 whereas the correct date of death is 7^'' November, 2007. Further, the date of execution of the will has been mentioned in the last sentence of para 5 of the aforesaid order as 4*^^ May, 2011 whereas the correct date is 14^^ May, 1997. TEST.CAS. 72/2010 Page 1 of 2 d tj 3. The aforesaid submissions have been verified on a perusal of the death certificate marked as Ex.PWl/2 and the original will marked as Ex.PWl/1 and found to be correct. 4. Accordingly, para 4 of the order dated 26.09.2011 shall read as below:- "The petitioner has proved the death certificate with regard to the death of Late Dr. Dev Raj Khurana on 7^^ November, 2007 as Ex.PWl/2." 5. Similarly, the last sentence of para 5 of the aforesaid order shall read as below:- "She has also confirmed the execution of the said will dated 14'^'^ May, 1997, by the deceased testator." 6. In terms of the corrections carried out in the order dated 26.09.2011 as above, the Registry shall issue a rectified letters of administration in favour of the petitioner. 7. The application is disposed of. 8. This order shall be read as part and parcel of the order dated 26.09.2011. HIMA KOHLI, J SEPTEMBER 21, 2015 rkb/ap TEST.CAS. 72/2010 Page 2 of 2 i