HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Side Original Jurisdiction Dated: 13.06.2011 The Hon’ble V.K. Bist…………………………… .JUDGE. Testamentary Case No.01 of 2009 In the matter of the estate of Smt. Prakash Rani Kapur (deceased) And In the matter of probate/letters of administration in respect of property of Smt Prakash Rani Kapur (deceased) Smt. Nirmal @ Puja Behal W/o Sri V.K. Behal R/o 24, Sultanpur Estate, Mehrauli, New Delhi (India) ……Petitioner Mr Jitendra Chaudhary, Advocate present for the petitioner. By the Court Petitioner has prayed for grant of probate/letters of administration with regard to the estate of Smt Prakash Rani Kapur wife of Sri Lajpat Rai Kapur who died on 19.11.2008 in 529, Model Colony, Aavas Vikas Jawalapur, Haridwar. Smt. Prakash Rani Kapur died leaving behind her husband Sri Lajpat Rai Kapur and her two daughters Smt. Urmil Bhalla and Smt. Nirmal @ Puja Behal. Smt. Prakash Rani Kapur executed a Will on 29.08.2008 in the presence of two witnesses, namely, Smt. Usha Verma and Smt. Mona Verma. Shri Sanjay Verma son of late Dr. K.C. Verma resident of 507, Model Colony, Aavas Vikas, Jawalapur, Haridwar was appointed as Sole Executor and Trustee of the Will. 2 Petitioner, who is daughter of the deceased has filed this petition with regard to the property mentioned in Clause 5 of the Will i.e. the firm under the name and style of M/s Lumen Media Plot No.31-32, Sector IIDC, IIE, SIDCUL Haridwar. On 18.06.2010 this Court issued notice to the heirs of the deceased at the address mentioned in the supplementary affidavit by registered post acknowledgement due and also directed that citation be issued by means of an advertisement in the newspaper (The Times of India) published from New Delhi in prescribed format indicating that the case would be listed on 9th August, 2010. The Court also directed the Registrar General to submit a certificate as prescribed under Rule 8 of Chapter XXX of the Rules of the Court to the effect that no intimation has been received by this Court from any other High Court or any District Court regarding grant of probate or letters of administration. Petitioner was also directed to file original Will before the Registrar General. In pursuance of the order of the Court original Will was filed before the Registrar General. Publication in the newspaper was published on 14.07.2010 and the Registrar General submitted a certificate on 30.06.2010 under Chapter XXX Rule 8 certifying that no grant has been made. The petitioner also filed supplementary affidavit annexing therein the evidence of attesting witnesses, namely, Smt. Usha Verma and Smt. Mona Verma. The petitioner also filed an affidavit of valuation as specified in Chapter XXX Rule 5(b). Affidavit on behalf of next of kin was filed by Smt. Urmil Bhalla and Shri Lajpat Rai Kapur admitting the claim of the 3 petitioner. They gave their consent to grant of letters of administration/probate in favour of the petitioner. Shri Sanjay Verma, Sole Executor and Trustee of the Will filed an affidavit renouncing his executorship in relation to Will dated 29.08.2008. He also submitted that he has no objection in case probate/letters of administration is granted in favour of the petitioner. Despite publication of the citation no one has filed caveat or has come to oppose the grant of probate/letters of administration. The next of kin has also consented to the grant by filing an affidavit to this effect. In view of the fact that the petition is not being contested and no one has come forward to oppose the averments made in the petition, the petition is allowed. Let letters of administration be granted in favour of the petitioner with regard to the property mentioned in Clause 5 of the Will dated 29.08.2008 executed by Smt. Prakash Rani Kapur (deceased) on payment of ad-valorem court fees on the valuation given in annexure 1 of the supplementary affidavit and after issuance of a certificate by the Registrar General under Chapter XXX Rule 9 of the Rules of the Court with regard to sufficiency of court fees. All pending applications stand disposed of. I order accordingly. Dated: 13.06.2011 (V.K.Bist. J.) Arti 4 5