Delhi District Court
Sh. Rajinder Kumar Verma vs The State ( Govt. Of Nct Of Delhi ) on 23 January, 2018
IN THE COURT OF SH. SANJAY KUMAR:
ADDL. DISTRICT JUDGE, (WEST)-02,
TIS HAZARI COURTS:DELHI.
Probate Case No.- 90/16
New No. 16175/16
1. Sh. Rajinder Kumar Verma
Son of Late (Dr.) Yogesh Chandra Verma,
Resident of House No. A-14, Meera Bagh,
Paschim Vihar, New Delhi
2. Ms Deepika Panchal
D/o Late ( Dr.) Yogesh Chandra Verma,
W/o Shir Amrish Panchal
R/o 34, Mahadev Group Housing Society
Nav Jeevan post, Stadium Road,
Ahmedabad, Gujarat- 380014
3. Sh. Vikrant Verma
S/o Shri Rajinder Kumar Verma,
Grandson of Late (Dr.) Yogesh Chandra Verma,
Represented by his father and special attorney
Shri Rajinder Kumar Verma ( Petitioner No. 1)
4. Ms Prayga Verma
D/o Sh. Rajinder Kumar Verma,
Granddaughter of Late (Dr.) Yogesh Chandra Verma
Represented by her next friend/father
and special attorney
Shri Rajinder Kumar Verma ( petitioner no. 1)
Both petitioner no. 3 and 4 resident of
610, Saddle Back Road, Edmonton,
Alberta, T6J4Z3, Canada
.....Petitioners
Versus
1. The State ( Govt. of NCT of Delhi )
Through SDM Distt., West
Office of the Deputy Commissioner
Kanjhawala, Delhi
PC No. 90/16 Rajinder Kumar Verma Vs. State Page 1 of 16
2. Shri Ashok Kumar Verma,
S/o Late ( Dr.) Yogesh Chandra Verma,
R/o A-14 (First Floor), Meera Bagh,
Paschim Vihar,
New Delhi
3. Shri (Dr.) Narinder Kumar Verma
S/o Late (Dr.) Yogesh Chandra Verma,
R/o Flat No. 1104, 11th floor,
Mahagun Mosaic Apartment,
Vasundhara, Ghaziabad, U.P.
......Respondents
Date of institution of the case : 01.12.2016
Date reserved for judgment on : 12.01.2018
Date of pronouncement of judgment : 23.01.2018
JUDGMENT:
1 A petition under Section 276 of Indian Succession Act 1925 for grant of Letters of Administration with Will annexed in the matter of Will dated 15.10.2007 and Codicil dated 20.06.2012 of late Dr. Yogesh Cander Verma ( Deceased) has been filed.
2 In brief the facts of the case are that late (Dr.) Yogesh Chander Verma ( Dr. Y. C. Verma) son of Late Shri Prakash Narain Verma, (hereinafter referred to as 'the Deceased') was a Hindu governed by Mitakshra School of Hindu Law hand died on September 03, 2015 at A-14, Meera Bagh, Paschim Vihar, New Delhi which was his permanent place of residence.
3 It is stated that deceased, during his lifetime, with his free will and consent and without any pressure, coercion or undue influence and possessing a sound disposing mind had PC No. 90/16 Rajinder Kumar Verma Vs. State Page 2 of 16 made and executed his Will dated 15.10.2007 which was duly got registered vide Registration no. 839 in Addl. Book No. 3, Vol. No. 720 at pages 188 to 199 on October 15, 2007 in the office of Sub-Registrar-I, New Delhi.
4 It is stated that deceased with his free will and consent and without any pressure, coercion and undue influence and with sound disposing mind had made alterations, addition, deletion and clarification to his aforesaid Will dated 15.10.2007 by executing a Codicil dated 20.06.2012.
5 It is stated that the Codicil dated 20.06.2012 of the Will dated 15.10.2007 was got drafted and scribed by the deceased through Shri M.L. Garg, Advocate. As is now revealed to the petitioners, the deceased had entrusted the Will and Codicil aforesaid to Shri M.L. Garg, Advocate for safe custody and to be delivered to the legal heirs of deceased after his death. Shri M.L. Garg, Advocate after the death of deceased vide his letter dated January, 15, 2016 had intimated all the legal heirs of the deceased including the petitioners about the factum of execution of the aforesaid Will dated 15.10.2007 and Codicil dated 20.06.2012 and sent a copy thereof to all the legal heirs including the petitioners and original Will dated 15.10.2007 only is delivered to petitioner no. 1. Mr. M.L. Garg has not yet delivered the original codicil dated 20.06.2012 to petitioner no. 1.
6 It is stated that deceased by way of his Will and Testament dated 15.10.2007 had given, devised and bequeath unto the petitioners all that his property bearing No. A-14, Meera Bagh, Paschim Vihar, New Delhi, measuring 400 Sq. yds. in equal PC No. 90/16 Rajinder Kumar Verma Vs. State Page 3 of 16 1/4th share absolutely and forever, however, the deceased devised that the aforesaid property be sold after his death and out of the sale proceeds petitioner no. 1 and 2 shall utilize a sum of Rs. 50,00,000/- lakhs for the purchase of a flat in the name of son or daughter of respondent no. 2 as per the clause no. 4 of the Will dated 15.10.2007, an amount of Rs.1 Crore be kept as reserved funds for the purpose of acquisition of land for construction of " Shiv Temple" besides establishing Library and Charitable Dispensary and an amount of Rs. 30 Lakhs be reserved as family funds to be kept as fixed deposit by creating a joint account of petitioner nos. 1 & 2 which was directed to be utilized for the welfare of the family and for no other purpose and remaining sale proceeds shall devolve upon the petitioners equal 1/4th share.
7 It is stated that deceased by way of Codicil dated 20.06.2012 of the Will dated 15.10.2007 had maintained the basic tenor and texture of the Will dated 15.10.2007 as regards the bequeath of property No. A-14, Paschim Vihar, New Delhi and the sale proceeds thereof, however, certain addition, alteration and deletion were made viz. The directions in the Will dated 15.10.2007 to keep Rupees one Crore for construction of " Shiv Temple" etc out of the sale proceeds of the said property was deleted, the amount of Rs. 30 Lakhs to be kept as reserve funds but the same could be utilized by the beneficiaries and an amount of Rs. 1 Crore be given to Dr. Narinder Kumar Verma.
8 It is stated that petitioners are the joint legatees and beneficiaries of the last and final Will dated 15.10.2007 alongwith its Codicil dated 20.06.2012, therefore, entitled to be granted the PC No. 90/16 Rajinder Kumar Verma Vs. State Page 4 of 16 Letter of Administration with a copy of Will annexed. The deceased was a Hindu governed by Hindu Successions Act and left behind the following legal heirs:-
Sl. No. Name Address Relationship
with deceased
1. Petitioner No. 1 As given in the title
of the petition
2. Petitioner No. 2 -do- Son
3. Petitioner No. 3 -do- Married daughter
4. Petitioner No. 4 -do- Grandson
5. Respondent No. 2 -do- Son
6. Respondent No. 3 -do- Son
There are no other legal heirs of deceased except those mentioned above.
9 It is stated that respondent no. 2 had filed C.S. (OS) No. 313/2016, titled as " Ashok Kumar Verma Vs Rajinder Kumar Verma & Ors " for partition, permanent injunction and declaration which is pending in the Hon'ble High Court of Delhi. Petitioners seek Letter of Administration with Will dated 15.10.2007/ Codicil dated 20.06.2012 annexed in respect of the property no. A-14, Meera Bagh, Paschim Vihar, New Delhi-110087 as mentioned in Schedule of the properties.
10 Upon filing the petitioner Citation for general public was published in the English daily newspaper "Asian Age". Citation has been effected in daily newspaper "Asian Age" on 22.12.2016. Notice was also served to State through Chief Secretary and to Collector concerned, who filed the Valuation report in respect of the said property situated in Delhi and PC No. 90/16 Rajinder Kumar Verma Vs. State Page 5 of 16 assessed the market value of the same as Rs. 4,59,42,364/- (Rupees Four Crores Fifty Nine Lacs Forty Two Thousand Three Hundred Sixty Four only).
11 In this case respondent No. 2, Shri Ashok Kumar Verma, filed written statement/objection and taken preliminary objections that present petition is liable to be dismissed as the issues are already pending adjudication before the Hon'ble High Court in suit bearing No. C.S. ( OS) No. 313 of 2016 titled Ashok Kumar Verma Vs Rajinder Kumar Verma & Ors. It is stated that two divergent views are probable if the instant petition is entertained by Hon'ble court, therefore, the instant proceedings being filed later may be stayed.
12 It is stated that Sh. Yogesh Chandra Verma, deceased had died intestate, without leaving any Will and survived by his sons and daughter, who are all part of the instant suit. It is stated that Defendant no. 1 has fabricated and forged a Will, which is purportedly dated 15.10.2007 and another Will dated 20.06.2012. Both the purported Wills are fabricated, forged and do not bear the signatures of their father late Dr. Yogesh Chander Verma. The petitioners have conspired and colluded to materialize a devious design aiming to oust the Respondent no. 1 & 2 from their legal and rightful share in the suit property and in the process, have forged and fabricated the Wills dated 15.10.2007 and 20.06.2012, which are evidently illegal and invalid in the eyes of law.
13 It is stated that their deceased father after the death of their, had been suffering from various ailments and mental depression for which he was undergoing medical treatment and PC No. 90/16 Rajinder Kumar Verma Vs. State Page 6 of 16 was under heavy medication. The said alleged Wills are contradictory to each other and also to the prevailing facts and circumstances especially when respondent no. 2 was away in Mumbai for his job and the said purported Will has been registered in the presence of complete strangers as witnesses to the same. It is stated that purported Will do not bear the signatures of deceased or are obtained under influence of heavy medication or by misleading their father especially when there father would always declare that each of the 4 siblings had equal share in the suit property whereas the said purported wills has 4 shares but not in favour of respondent no. 2 & 3.
14 It is stated that petitioner no. 1 has no legal authority or legal/valid attorney to file the present petition or to plea on behalf of Sh. Vikrant Verma, petitioner no. 3. The Petitioner has not been verified property as per the provision of Indian Succession Act nor does the affidavits and documents are signed and verified by the purported dependents. The documents viz special power of attorney and other affidavits alongwith declarations are bogus documents which have no sanctity in the eyes of law and as such the present petition is liable to be dismissed.
15 On merit all the averments mentioned in the petition are denied and and reiterated the objections raised by respondent no. 2. Respondent no. 2 seeks dismissal of the present petition.
16 Respondent no. 3 Dr. Narender Kumar Verma filed No Objection for grant of probate/letter of administration in favour of petitioners.
PC No. 90/16 Rajinder Kumar Verma Vs. State Page 7 of 1617 It is pertinent to mention here that at this stage parties settled their disputed in the Delhi High Court Mediation and Conciliation Centre Hon'ble High Court on 12 th May, 2017 on the following terms and conditions:-
a) The parties to this Settlement Agreement with their respective free will and consent and without any pressure have accepted the legality and validity of registered Will dated 15.10.2007 and Codicil dated 20.06.2012 executed by Late Dr. Yogesh Chander Verma.
b) That of parties and beneficiaries shall submit their no objection for grant of Probate/Letters of Administration on the next date of hearing i.e 16.05.2017 with regard to Will dated 15.10.2007 and Codicil dated 20.06.2012
c) The parties shall take appropriate steps to get the Probate/Letters of Administration with the Will Annexed dated 15.10.2007 and Codicil dated20.06.2012 at the earliest possible.
d) That is further agreed between the parties to this settlement that on grant of Probate/Letters of Administration with Will annexed the property shall be sold in the market at the earliest possible time.
e) It is agreed between the parties that each of them shall be entitled to find a buyer for the said property. It is further agreed that the property shall be sold to the person giving the highest market value of the property.
f) That it is agreed between the parties to this settlement that the sale proceeds of the property bearing No. A- 14, Meera Bagh, Paschim Vihar, New Delhi-110087 shall be shared by the parties in the following manner:-
i. An amount of Rs.50,00,000/- ( Rupees Fifty Lakhs Only) shall given to Ms Shveni Verma D/o Shri Ashok Verma.PC No. 90/16 Rajinder Kumar Verma Vs. State Page 8 of 16
ii. An amount of Rs. 1,00,000/- ( Rupees One Crore Only) shall be given to Dr. Narender Kumar Verma S/o Late Dr. Yogesh Chander Verma.
iii. An amount of Rs.30,00,000/- ( Rupees Thirty Lakhs Only) out of the funds meant for the benefit of the family and family members of Party Nos. 2 and 4 shall be given to Shri Ashok Kumar Verma, Party No. 1.
iv. An amount of Rs. 20,00,000/- ( Rupees Twenty Lakhs Only) out of sale proceeds shall be kept for meeting the legal expenses for grant of Probate/Letters of Administration and the brokerage of the sale of the property.
v. That after distributing the aforesaid amount, the remaining sale proceed of the said property shall be shared equally by Shri Rajender Kumar Verma, Ms Deepika Panchal, Ms Pragya Verma and Mr. Vikrant Verma in equal share of 25% each.
vi. An amount equal to 50% of the sale proceeds which may come to the share of Shri Rajender Kumar Verma shall be given by Shri Rajender Kumar to Shri Ashok Kumar Verma.
g) That the parties to this settlement shall discharge their respective liabilities on account of income tax, capital gain tax or such other liability which may be fastened upon them with regard to the inheritance of the said property.
h) That the present suit being CS(OS) No. 313/2016 filed by the Party No. 1, Shri Ashok Kumar Verma, shall be disposed off in terms of the above settlement.
i) The parties to this settlement shall also submit the copy of this settlement before the Court of Shri Sanjay Kumar, ADJ, Tis Hazari Courts, Delhi with a request that the probate of the Will dated 15.10.2007 and Codicil dated 20.06.2012 be granted at the earliest.
PC No. 90/16 Rajinder Kumar Verma Vs. State Page 9 of 16j) The Hon'ble Court may consider refund of the court fees to the Party No. 1 in terms of the Section 16 of the Court Fees 1870 read with Section 89 of CPC, 1908.
k) By signing this Settlement Agreement, the parties hereto agree that they have no claims or demands against each other and all the disputes and difference have been amicably settled by the parties hereto through the process of Medication.
l) That the parties undertake to be always bound by the terms of this Settlement Agreement in its true letter and spirit.
m) That all the Parties agree and admit to have entered into this Settlement Agreement voluntarily and without any pressure, coercion or undue influence from any quarter whatsoever.
18 It is pertinent to mention here that on 03.07.2017 respondent no. 2 Sh. Ashok Kumar Verma, filed NOC in favour of the petitioners for granting Probate/Letter of Administration in favour of the petitioners.
19 In order to prove her case, petitioners examined petitioner No. 1 Sh. Rajender Kumar Verma as PW-1 who tendered his evidence by way of affidavit Ex. PW-1/A. He reply upon the copy of his Aadhar Card as Ex. PW-1/1( OSR), SPA dated 18.10.2016 of Sh. Vikrant Verma as Ex. PW-1/2, SPA dated 19.06.2017 of Ms Pragya Verma as Ex. PW-1/3, Death Certificate of late Dr. Yogesh Chandra Verma as Ex. PW-1/4, Copy of Election I Card of Sh. Y.C. Verma as Ex. PW-1/5 ( OSR), Letter dated 15.01.2016 by Sh. M.L. Garg as Ex. PW-1/6, WILL DATED 15.10.2007 executed by deceased as mark X, Photocopy of Codicil dated 20.06.2012 as Mark Y, Copy of Conveyance Deed PC No. 90/16 Rajinder Kumar Verma Vs. State Page 10 of 16 dated 31.08.2006 in favour of Dr. Yogesh Chandra Verma as Ex. PW-1/7 ( OSR), Schedule of Property as Ex. PW-1/8, certified copy of Mediation settlement dated 15.05.2017 as Ex. PW-1/9 and certified copy of High Court order dated 28.07.2017 as Ex. PW- 1/10.
20 Petitioner further examined Sh. Satbir Sharma, Advocate, attesting witness to the Will who appeared in the witness box as PW-2 and deposed that he is one of the attesting witness in the Will dated 15.10.2007 executed by Late Dr. Yogesh Chandra Verma S/o Late Sh. Prakash Narayan Verma, Mark X, is now exhibit as Ex.PW2/1. He identify the signatures of deceased testator Late Dr. Yogesh Chandra Verma, who has signed in his presence. The said signatures and thumb impression are at point A1 to A6. He also identify the photograph of Late Dr. Yogesh Chandra Verma which is affixed at point B. On the instructions of the testator he had drafted the Will and he delivered the same to the testator at his residence on 15.10.2007 and at that time the testator, the Sub-Registrar and other attesting witness were present, The testator himself read over the Will Ex.PW2/1 and thereafter put his signature and thumb impression in his presence and in the presence of other attesting witness Sh. Manjeet singh beside the Sub-Registerar at point A1 to A6. Thereafter he signed the Will as scribed at point C. Thereafter on the request of testator Sh. Manjeet singh, the other attesting witness signed the Will in his presence whose signatures he can identify and same are at point D on Ex.PW2/1. The testator requested him to sign the Will Ex.PW2/1 as attesting witness and He signed the Will as an attesting witness and his signatures at point E. PC No. 90/16 Rajinder Kumar Verma Vs. State Page 11 of 16 21 He further deposed that the deceased possessed a sound disposing mind at the time of executing the Will. The testator after execution and attestation the Will Ex.PW2/1 presented the same before Sub-Registrar who was present at his residence. Before the Sub-Registrar the testator in his presence and in the presence of attesting witness put his signatures and thumb impression at point A7 and A8. And Manjeet Singh signed at point F and his signatures are at point G on the back page. The Sub-Registrar has taken the finger prints on the back page of the Ex.PW2/1 which are at point A9 and A10. The Sub-Registrar has taken the photograph of the testator which is at point X. The Sub- Registrar has also taken the photographs of Manjeet singh and myself which ate point Y. The Will, was duly registered by Sub- Registrar-I, Delhi.
22 Petitioner further examined Sh. Praveen Kumar Rana as PW-3, from the office of Sub-Registrar-I, Kashmere Gate, Delhi who brought the summoned record i.e. original record of Volume no. 720, Book no. 3, maintained in the office of Sub-Registrar-I. As per the record brought by him the Will Ex.Pw2/1 is registered vide registration no. 8339 in additional book no. 3, Volume no. 720 on pages 182-191 on dated 15.10.2007 in the office of Sub- Registrar-I, Kashmere Gate, Delhi. On the medical ground the then Sub-Registrar has gone to the residence of Late Dr. Yogesh Chandra Verma for registration of the Will. The original receipt of the fee for visit of the Sub-Registrar to the residence of testator is on record and photocopy of the same is Ex.PW3/1 and on record there is application of the testator and a copy of the same is Ex.PW3/2.
PC No. 90/16 Rajinder Kumar Verma Vs. State Page 12 of 1623 Petitioner further examined Sh. Ravi Kapoor as PW-4 who brought the summoned record i.e. the original file of CS(OS)- 313/2016 titled as 'Sh. Ashok Kumar Verma Vs. Sh. Rajinder Kumar Verma & Ors.' On the record brought by me there is original mediation settlement dated 12.5.2017 and Ex.PW1/9 is the certified copy of the original settlement agreement on record brought by me, there is original order dated 28.07.2017 and Ex.PW1/10 is the certified copy of the order dated 28.07.2017.
24 Petitioner further examined Sh. M.L. Garg, Advocate, as PW-5 who deposed that he know late doctor Yogesh Chandra Verma as he was his client. On the instruction of late Dr. Yogesh Chandra Verma he had drafted the Codicil dated 20.06.2012. The original of the aforesaid Codicil is misplaced in his Chamber in some of his files and till date he has not been able to trace out the same. He will trace out the same and file the same as and when possible by first week of January, 2018. Without the original Codicil he cannot admit or deny whether Mark Y is the same Codicil which was drafted by him. The witness is shown the signatures at point Z on Mark Y. Witness admitted his signatures at point Z. He cannot admit or deny the signature of Dr. Yogesh Chandra Verma on Mark Y in the absence of original Codicil.
25 Petitioner further examined Shri Salekh Chand as PW- 6 who deposed that he is working with Sh. M.L. Garg, advocate who is Notary Public. The Codicil Mark Y was drafted by Sh. M.L. Garg, Advocate. He know late Dr. Yogesh Chandra Verma, who used to come to the Chamber of Sh. M.L. Garg for getting done his legal work. He can identify the signatures and thumb PC No. 90/16 Rajinder Kumar Verma Vs. State Page 13 of 16 impression of Dr. Yogesh Chandra Verma on Codicil Mark Y at point A, B, C, D, E, & F who had signed in his presence. He also signed the document Mark Y and his signatures are at point G. The document Mark Y is also bears name of Sh. Rakesh Sharma at point H but I do not know him. ( Ld. Counsel for the petitioner submit that in the exceptional circumstances where Sh. M.L. Garg, Advocate failed to produce the original Codicil Since April 2017 and even not produced today permission may be given to Ex. Copy available on record). Permission granted. The document Mark Y is now exhibited as Ex. PW-6/1.
26 Vide separate statement of Shri Madan Lal Sharma, Advocate, evidence on behalf of petitioner was closed on 13.12.2017 with liberty to seek the examination of M.L. Garg on production of original Codicil.
27 It is pertinent to mention here that Sh. M.L. Garg, advocate when examined as PW-5 could not produce the original Codicil/Will dated 20.06.2012, therefore, opportunity granted to petitioner to lead secondary evidence in order to prove the Codicil. But Sh. M.L. Garg, advocate on 19.01.2018 filed an application alongwith original Will/Codicil of deceased Sh. Yogesh Chandra Verma. However, secondary evidence already proved on record.
28 I have heard ld. Counsel for the petitioner Sh. Madan Lal Sharma and perused the record.
29 The present petition initially contested by respondent no. 2 Sh. Ashok Kumar Verma, however, later on parties entered PC No. 90/16 Rajinder Kumar Verma Vs. State Page 14 of 16 into settlement which has been described in detail hereinabove and in view of said settlement respondent no. 2 Sh. Ashok Kumar Verma had withdrawn the objections.
30 The testimony of all the petitioner's witnesses discussed hereinabove in detail. On the basis of testimony of PW-2 Sh. Satbir Sharam, Advocate, the attesting witness petitioner has proved that deceased Dr. Yogesh Chandra Verma had executed the Will dated 15.10.2007 Ex. PW-2/1. The factum of execution and registration is also proved by him. He further established that deceased was in sound disposing mind at the time of execution and registration of the Will Ex. PW-2/1.
31 Petitioner further established the factum of registration on the basis of testimony of PW-3 Sh. Praveen Rana, official of Sub-Registrar office. He proved the fact that the registration of the Will took place at the house of deceased/testator because of medical ground. Sh. M.L. Garg, advocate, PW-5 further proved the fact of drafting of Codicil dated 20.06.2012 in relation of Will Ex. PW-2/1. He is also signatory to the Codicil. During the course of proceedings Sh. M.L. Garg also filed the original Codicil although as per secondary evidence it stand already proved by petitioner as Ex. PW-6/1. The testimony of these witnesses remain un-rebuted and unchallenged as the present petition become the un-contested.
32 In the light of above discussion and observation, the petitioners are entitled to Letters of administration in respect of property bearing No. A-14, Meera Bagh, Paschim Vihar, New Delhi-110087 as per Will Ex. PW-2/1 which was modified vide PC No. 90/16 Rajinder Kumar Verma Vs. State Page 15 of 16 Codicil Ex. PW-6/1 on furnishing Administrative cum Surety Bond for a sum of Rs. 4,59,42,364/- (Rupees Four Crores Fifty Nine Lacs Forty Two Thousand Three Hundred Sixty Four only) as agreed by the petitioners. Parties shall remain bound by the settlement arrived before the Hon'ble Delhi High Court Mediation & Conciliation Center on 12.05.2017 Ex. PW-1/9.
33 Further, the petitioners are directed to file the inventory of all the immovable properties within six months and final statement of account within one year from the date of receipt of formal Letters of Administration. The formalities of issuance of Letter of Administration shall completed by the L.Rs of petitioners within six months from the date of the judgment as per Section 290 & 291 read with Section 317 of Indian Succession Act.
34 It further clarified that the question of title, share or ownership of immovable property mentioned hereinabove is not decided by this Court.
File be consigned to the Record Room.
Announced in open Court (Sanjay Kumar)
on this 23.01.2018 Addl. District Judge-02
(West),Delhi
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