TEST.CAS.97/2008 Page 1 of 5 8 *IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS.97/2008 Date of Decision: 27th April, 2010 % MRS. SNEH BAHL AND OTHERS ..... Petitioners Through : Mr. Jagjit Singh, Adv. versus STATE AND ANOTHER ..... Respondents Through : Ms. Neerja Kanwar, R-2 in person. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may YES be allowed to see the Judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral) (Corrected vide order dated 19th May, 2010) 1. This is a petition for grant of letters of administration relates to the will dated 19th March, 2002 of Late P.N. Kanwar with respect to the property bearing No.M-259, Greater Kailash-II, New Delhi. 2. Late P.N. Kanwar expired on 1st February, 2005. The deceased was a permanent resident of Delhi at the time of his death. The original death certificate of the deceased is on record. 3. The deceased was survived by two sons and two daughters. The wife and mother of the deceased had already pre-deceased him. Petitioners No.2 and 3 are the TEST.CAS.97/2008 Page 2 of 5 sons and petitioner No.1 and respondent No.2 are the daughters of the deceased. 4. The deceased left behind a Will dated 19th March, 2002. The original will dated 19th March, 2002 was in possession of respondent No.2 who produced the same before this Court on 21st July, 2009. 5. The Will dated 19th March, 2002 was witnessed by Sudershan Lal Baluja and Swaran Singh. Swaran Singh appeared in the witness box as PW-2. PW-2, a practicing lawyer, deposed that he was present at the time of execution of the Will and he saw the testator execute the will in his presence and he affixed his signature as a witness on the said will in the presence of the testator and the second witness, Sudershan Lal Baluja who also signed the said will in his presence. The original Will is Ex.PW2/1. 6. The Will, Ex.PW2/1 is registered with Sub-Registrar VII. The record of the Sub Registrar was produced by PW-3 who compared the Will, Ex.PW2/1 with the official record and deposed that same to be true and correct as per the record. PW-3 further deposed that the will, Ex.PW2/1 was duly registered vide Registration No.5494 in Book No.III Volume- 280 at pages 105 to 106 on 19th March, 2002. 7. After the death of Late P.N. Kanwar, petitioner No.3 executed a declaration-cum-undertaking in which he admitted the will dated 19th March, 2002 to be the last will of the deceased and he accepted the will and further undertook TEST.CAS.97/2008 Page 3 of 5 not to challenge the same. The original declaration-cum- undertaking was registered with the Sub-Registrar V. PW-4 appeared from the office of Sub Registrar V and produced the record relating to the declaration-cum-undertaking dated 2nd March, 2005 and proved the same as Ex.PW4/1. PW-4 confirmed that Ex.PW4/1 was duly registered vide registration No.2794 in Book No.4, Volume-2422 at pages 78 to 79 on 2nd March, 2005. Mr. Viththal Bahl witnessed Ex.PW4/1 and he appeared in the witness box as PW-5 and identified the signatures of petitioner No.3 and the confirming parties as well as his signatures on the said document. 8. Petitioner No.1 appeared in the witness box as PW-1 and deposed that the Letters of Administration in respect of will dated 19th March, 2002 of Late P.N. Kanwar is required only in respect of property bearing No.M-259, Greater Kailash-II, New Delhi. PW-1 further deposed that the other movable and immovable estate of the deceased has already been administered in terms of the will of the deceased. PW-1 deposed that the property bearing No.M-259, Greater Kailash-II, New Delhi has been bequeathed by the deceased in the following manner:- (i) Ground floor and ground floor garage has been bequeathed to petitioner No.2. (ii) First floor and first floor area above garage has been bequeathed to petitioner No.1. TEST.CAS.97/2008 Page 4 of 5 (iii) Second floor with terrace rights and two quarters above first floor of the garage have been bequeathed to respondent No.2. (iv) Parking rights in driveway have been given to petitioner No.2 and respondent No.2 and parking rights outside the boundary walls have been given to petitioner No.1. 9. PW-1 further deposed that the deceased had already done a settlement with petitioner No.3 during his lifetime and, therefore, no share has been given to petitioner No.3 in property No.M-259, Greater Kailash-II, New Delhi. Petitioner No.3 also settled the matter with petitioners No.1 and 2 and respondent No.2 after the death of their father and in terms of the said settlement, petitioner No.3 has given a declaration-cum-undertaking, Ex.PW4/1 which is duly registered with the Sub Registrar. PW-1 further deposed that petitioner No.1, petitioner No.2 and respondent No.2 are in occupation of their respective portions of the suit property as per the Will of the deceased. 10. Respondent No.2 appeared in the witness box as RW-1 and confirmed/accepted the will-Ex.PW2/1 and gave her no- objection to the grant of Letters of Administration in respect of the will of the deceased. 11. The citation has been duly published in Statesmen on 25th December, 2008 and in Times of India on 26th December, 2008. There is no impediment in the grant of Letters of TEST.CAS.97/2008 Page 5 of 5 Administration in respect of the will of the deceased. 12. From the uncontroverted and unrebutted testimony of the witnesses, the registered Will dated 19th March, 2002 of the deceased has been proved and, therefore, petitioners No.1 and 2 and respondent No.2 are entitled to the Letters of Administration in respect of Will dated 19th March, 2002 of Late P.N. Kanwar in respect of the property bearing No.M- 259, Greater Kailash-II, New Delhi. 13. In view of the above, the Letters of Administration with annexed will of Late P.N. Kanwar dated 19th March, 2002 are granted to the petitioner in respect of property bearing No.M- 259, Greater Kailash-II, New Delhi. On the petitioner furnishing requisite administration bond and Court fees, the Registry shall draw the instrument of Letters of Administration with will annexed. J.R. MIDHA, J APRIL 27, 2010 aj