ASHOK SINGHAL vs. STATE NCT OF DELHI & ORS.

$~13 (original side) * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 41/2019 & I.A. 9232/2020 ASHOK SINGHAL ..... Petitioner Through: Mr. Vikram Pradeep, Adv. versus STATE NCT OF DELHI & ORS. ..... Respondents Through: Mr. Nirmal Goenka, Adv. for R-2 and R-3 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR J U D G M E N T (ORAL) % 25.01.2021 By this petition, the petitioner seeks grant of Letters of 1. Administration, in order to enable the petitioner to administer the estate of late Dr. N.C. Singhal, his father, consequent to a Will, dated th 12 May, 1991, executed by Dr. Singhal (hereinafter referred to as th “the Testator”), who expired on 20 November, 2004. 2. Mrs. Premwati Singhal, the mother of the petitioner and wife of th the Testator, expired on 27 October, 2017. The Testator is stated to be survived by the petitioner, his two brothers Mr. Prakash Chand Singhal and Mr. Tara Chand Singhal, who are impleaded as Respondent Nos. 2 and 3 herein and his sister Veena Gupta, who is impleaded as Respondent No. 4. th 3. It is stated that, initially, an unexecuted Will dated 4 October Signature Not Verified TEST.CAS. 41/2019 Page 1 of 6 Digitally Signed By:SUNIL SINGH NEGI Signing Date:26.01.2021 14:12:09 2004 was discovered by the petitioner and respondents, consequent to the death of the testator, and that they had informally agreed to abide by the covenants thereof. Later, however, the petitioner and Respondent Nos. 1 and 2 came in possession of an executed Will th dated 12 May, 1991, of the Testator, in respect whereof, the present petition has been filed. 4. The Will was executed in the presence of Mr. Satish Chand Aggarwal and Mr. R.P. Agrawal, witnesses, who had also appended their signatures thereto. This, it is stated, was the last Will and testament of the Testator. Respondent No. 4 is stated to have demurred, qua devolution of 5. one particular property of the Testator, being C-115, Greater Kailash- I, New Delhi-110048. It is asserted that this property was the self acquired property of the Testator, purchased under a registered sale th deed dated 6 September, 1997. th 6. The original of the Will dated 12 May, 1991, as well as the th registered Sale Deed dated 6 September, 1997, have been placed on record. 7. It is further asserted that the Testator was in sound health and of th sound disposing mind at the time of execution of the Will dated 12 May, 1991. Under the said Will, the property at C-115, Greater Kailash-I, New Delhi-110048, inter alia, was bequeathed to the petitioner. The status of the various properties has been provided, in a Signature Not Verified TEST.CAS. 41/2019 Page 2 of 6 Digitally Signed By:SUNIL SINGH NEGI Signing Date:26.01.2021 14:12:09 tabular form, in para 9 of the petition, which may be reproduced thus:

The petition has been verified by the executors of the Will and 8. their affidavits have been attached to the petition. 9. As a beneficiary to the aforesaid Will, the petitioner seeks Letters of Administration, to administer the estate of the Testator in terms thereof. 10. The petition prays thus: “In view of the above narrated facts and circumstances, the Petitioner most humbly pray to this Hon'ble Court: a) To grant Letters of Administration of Will dated 12.05.1991 with respect to the estate of Late Dr. N.C Singhal in favour of the Petitioner enabling the Signature Not Verified TEST.CAS. 41/2019 Page 3 of 6 Digitally Signed By:SUNIL SINGH NEGI Signing Date:26.01.2021 14:12:09 Petitioner to administer the estate of the Testator. and/or. b) Pass any such other reliefs as this Court may deem fit and proper in the facts and circumstances of the present case to meet the ends of justice.” th Notice was issued, in the present petition, on 29 11. May, 2019 and citations were directed to be published. Valuation reports were also called for from the concerned Sub-Divisional Magistrates (SDMs). st 12. On 21 November, 2019, it was observed, by the court, that Respondent Nos. 2 and 3 did not oppose the petition. As there was a discrepancy with respect to one of the properties of the Testator, the petitioner was directed to file an amended Schedule-A, qua the said property, in respect whereof, fresh notice was issued to the SDM for providing the valuation report. th 13. Vide order dated 19 December, 2019, the Joint Registrar (Judicial) closed the right of Respondent No. 4 to file written th statement and, vide subsequent order dated 25 February, 2020, passed by the Court, Respondent No. 4 was set ex-parte . The same order allowed the original Will to be filed in a sealed cover. 14. Respondent Nos. 2 and 3 filed affidavits in evidence, stating that they have no objection to grant of Letters of Administration in th favour of the petitioner, in terms of the Will dated 12 May, 1991. 15. As the petition was uncontested, this Court, vide order dated Signature Not Verified TEST.CAS. 41/2019 Page 4 of 6 Digitally Signed By:SUNIL SINGH NEGI Signing Date:26.01.2021 14:12:09 th 25 February, 2020, directed the parties to file list of witnesses within two weeks and affidavit of evidence of the witnesses, whose evidence they sought to lead within two weeks thereof. th 16. The subsequent order dated 10 November, 2020, of the learned Joint Registrar (Judicial), records that all the documents of the petitioner were admitted, by Respondent Nos. 2 and 3, and were, accordingly, exhibited as Ex. P-1 to Ex. P-5. The petitioner also admitted three of the documents of the Respondent Nos. 2 and 3 which were exhibited as Ex. R-1 to R-3. 17. PW-1 to PW-3 were examined, before the learned Joint th Registrar (Judicial), on 19 November, 2020. The no objections of Respondent Nos. 2 and 3 were also recorded, in court, by the Joint th st Registrar (Judicial), on 19 November, 2020 and 1 December, 2020 respectively. 18. As such, this is an uncontested case, for grant of Letters of Administration. The original Will has been filed in this Court. The manner in which the late testator has come into possession of the property is also manifested by the sale deed which has also been filed in this Court. 19. Respondent No. 4 has been set ex-parte and Respondent Nos. 2 and 3 do not oppose the grant of Letters of Administration to the petitioner. Signature Not Verified TEST.CAS. 41/2019 Page 5 of 6 Digitally Signed By:SUNIL SINGH NEGI Signing Date:26.01.2021 14:12:09 20. As such, Letters of Administration, to enable the petitioner to administer the estate of the deceased testator in terms of the Will dated th 12 May, 1991, are granted. 21. The valuation reports of the property in question, placed on record by the concerned SDMs, are accepted. The petitioner would be liable to pay stamp duty on the basis of the valuation of the property as reflected therein. 22. The petition stands allowed in the aforesaid terms. Pending applications, if any, also stand disposed of. C. HARI SHANKAR, J. JANUARY 25, 2021 dsn Signature Not Verified TEST.CAS. 41/2019 Page 6 of 6 Digitally Signed By:SUNIL SINGH NEGI Signing Date:26.01.2021 14:12:09