Delhi District Court
Vikram Sachdeva & Ors. vs . State & Ors. on 6 April, 2016
Vikram Sachdeva & Ors. vs. State & Ors.
In the Court of Additional District Judge02, South District, Saket Court
Complex, Sixth Floor, Room No. 602, New Delhi.
In the matter of :
PC No. 4/2014
Unique no. 02406C0004822014
Date of filing : 08.01.2014
Date of institution : 09.01.2014
Decision reserved on : 21.03.2016
Date of decision : 06.04.2016
1. Sh. Vikram Sachdeva, S/o Late Arvind Kumar Sachdeva,
R/o B6/84, Safdarjung Enclave, New Delhi110029.
2. Ms. Aditi Sachdeva @ Aditi Talwar, W/o Mr. Sumit Talwar
D/o Late Arvind Kumar Sachdeva,
R/o 323, Sangam Apartments,
West Enclave, Pitampura, New Delhi110034.
3. Ms. Divya Sachdeva, W/o Mr. Abhishek Kohli,
D/o Late Arvind Kumar Sachdeva,
R/o C62, East of Kailash,
New Delhi110065. ...Petitioners
Versus
1. State
through Tehsildar,
C/o D.C. (south), M.B. Road,
Saket, New Delhi110030.
2. Sh. Dinesh Sachdeva, s/o Late Lakshmi Chand Sachdeva,
R/o B/P/2, Vrajdeep Apartments,
Race Course Circle, Baroda.
PC No. 4/14 Page 1 of 9
Vikram Sachdeva & Ors. vs. State & Ors.
3. Sh. Yatinder Mohan Sachdeva,
S/o Late Lakshmi Chand Sachdeva,
R/o D43, Ground Floor, Amar Colony,
Lajpat NagarIV, New Delhi24.
4. Sh. Rajiv Gandhi, S/o Sh. Harish Chandra Gandhi,
R/o P6, 1st Floor, Green Park Extn.,
New Delhi110016.
5. Sh. Sanjeev Gandhi, S/o Sh. Harish Chandra Gandhi,
R/o B2/130, Safdarjung Enclave,
New Delhi110029. ...Respondents
JUDGMENT
(on petition under section 275 & 276 of Indian Succession Act, 1925 for grant of Probate/ Letters of Administration in respect of Will dated 11 th February 2007 of Ms. Indu Bala)
1. (Introduction) - This petition is for grant of probate/ letters of administration of Will dated 11.02.2007 of Ms. Indu Bala, in respect of property at First Floor of D43, Amar Colony, Lajpat Nagar, New Delhi measuring 100 sq. yds. (more specifically detailed in the schedule II of properties of the deceased to the petition), which belongs to Ms. Indu Bala. In order to trace the estate of deceased Ms. Indu Bala as well as family tree, it needs to compile together from the scattered facts, the same is discussed by gathering the fact from petition and documents filed in the next paragraphs.
2.1 (Status of parties) - Sh. Lakshmi Chand Sachdeva had five children (three sons and two daughters) namely Sh. Arvind Kumar PC No. 4/14 Page 2 of 9 Vikram Sachdeva & Ors. vs. State & Ors.
Sachdeva (since deceased, he is father of petitioners no. 1, 2 & 3), Sh. Dinesh Sachdeva (respondent no. 2), Sh. Yatinder Mohan Sachdeva (respondent no. 3), Ms. Indu Bala (since deceased) and Smt. Chander Prabha Gandhi (she is also dead, she is mother of respondents 4 & 5).
Sh. Lakshmi Chand Sachdeva had expired on 11.04.1985 and his wife Smt. Sushma also died on 22.01.2013. Their son Sh. Arvind Kumar Sachdeva died on 04.10.2012 (his death certificate is now Ex. PW1/2). Ms. Indu Bala expired on 09.11.2009, her death certificate is now Ex. PW1/1 (hereinafter referred as deceased). The petitioner nos. 1 to 3 and respondent nos. 2 to 5 are the legal heirs of deceased, as detailed in scheduleI to the petition.
2.2 (Status of estate of deceased) - Sh. Lakshmi Chand Sachdeva had acquired property D43, Amar Colony, Lajpat Nagar, New Delhi. He wrote and left his registered Will dated 27.10.1980, whereby he apportioned/ bequeathed his property, the ground floor to Sh. Yatinder Mohan Sachdeva (respondent no. 3), first floor to Ms. Indu Bala (now deceased) and second floor to Smt. Chander Prabha Gandhi.
On 26.10.2006, a family settlement was entered amongst Sh. Arvind Kumar Sachdeva and respondents no. 2 to 5 in respect of property no. D43, Amar Colony, Lajpat Nagar, New Delhi. In one of the covenants, it was agreed by them that first floor of D43, Amar Colony, Lajpat Nagar, New Delhi shall be owned and possessed jointly by Ms. Indu Bala and Sh. Arvind Kumar Sachdeva.
2.3 Ms. Indu Bala wrote her last and only Will dated 11.02.2007 (now PC No. 4/14 Page 3 of 9 Vikram Sachdeva & Ors. vs. State & Ors.
Ex. PW4/1) that her entire share in the first floor of D43, Amar Colony, Lajpat Nagar, New Delhi shall devolve upon Sh. Arvind Kumar Sachdeva and similarly other movable assets shall also devolve upon him. To say, Ms. Indu Bala and Sh. Arvind Kumar Sachdeva was jointly owner of first floor of D43, Amar Colony, Lajpat Nagar, New Delhi and Ms. Indu Bala wrote Will in respect of her share in that property. To say, as per scheduleII annexed to the petition, the property of the deceased is stated as entire first floor of D43, Amar Colony, Lajpat Nagar, New Delhi, however, by considering the matrix of facts mentioned in the petition, read with the supporting documentary record, it is joint property of Ms. Indu Bala and Sh. Arvind kumar Sachdeva; Ms. Indu Bala has undivided ½ (half) share in first floor of D43, Amar Colony, Lajpat Nagar, New Delhi (hereinafter referred as the estate of deceased). 2.4 As per petition, Ms. Indu Bala was unmarried, there was no other legal heir except the names mentioned in scheduleI to the petition. She bequeathed her estate in favour of Sh. Arvind Kumar Sachdeva by Will dated 11.02.2007 (Ex. PW4/1) which was attested by two witnesses, those names are given at the foot of Will. However, because of death of Sh. Arvind Kumar Sachdeva on 04.10.2012 (now Ex. PW1/2) the estate devolves upon legal heirs/ petitioner of Sh. Arvind Kumar Sachdeva. The petitioner no. 1 is son of Sh. Arvind Kumar Sachdeva and petitioner no. 2 & 3 are daughters of Sh. Arvind Kumar Sachdeva.
2.5 Ms. Indu Bala had a fixed place of abode at the time of her death at D43, Amar Colony, Lajpat Nagar, New Delhi, and estate is also the PC No. 4/14 Page 4 of 9 Vikram Sachdeva & Ors. vs. State & Ors.
same property is located within the jurisdiction of this court. No other application has been made by the applicants to any court - District or High Court - for probate of the Will. That is why this petition. 2.6 The citations to the petition were issued for general public and respondents and the same was also published twice in the office of SDM on 26.02.2014 and 15.04.2014, as valuation report was also called, however, no one came forward to participate in the proceedings, therefore, none was present for respondent no. 1/ State. No valuation report has been furnished by the office of Collector/ SDM. 2.7 The respondent no. 2, 4 and 5 filed their no objection to the petition during pending of the petition, their affidavits are matter of record. On 02.02.2015, respondent no. 3 through his counsel also gave statement that he has also no objection to allow the petition (the statement was given by the counsel when respondent no. 3's petition PC no. 42/11 in respect of Will dated 27.10.1980 of Sh. Lakshmi Chand Sachdeva was scheduled but there was compromised in civil suit CS(OS) No. 2838 pending before Hon'ble High Court of Delhi and consequently, the petition PC no. 42/11 u/s 276 of Indian Succession Act was withdrawn on 02.02.2015.
3.1 Since there was no opposition either by anyone from general public or by any of the relatives and no formal issue had arisen, therefore, the petitioners were given opportunity to lead evidence to establish the petition.
3.2 At the juncture of petitioners' evidence, petitioner no. 1/ Sh. Vikram PC No. 4/14 Page 5 of 9 Vikram Sachdeva & Ors. vs. State & Ors.
Sachdeva (PW1) entered into the witness box and he also got examined petitioner no. 2/ Ms. Aditi Sachdeva (PW2), petitioner no. 3/ Ms. Divya (PW3) besides attesting witnesses PW4/ Sh. Swadesh Kumar and PW 5/ Sh. Vikas Amar, in support of their case. Then, petitioners' evidence was closed.
4. (Final submissions) - At the juncture of final hearing Ld. counsel Sh. Vineet Chaudhary, Advocate advanced final submissions. It is submitted that deceased was the owner of first floor of D43, Amar Colony, Lajpat Nagar, New Delhi by virtue of Will in her favour by her father Sh. Lakshmi Chand Sachdeva and subsequently there was a family settlement, by virtue of it Sh. Arvind Kumar Sachdeva and Ms. Indu Bala became joint owner of the property at first floor. However, she wrote her last testament and Will (Ex. PW4/1) in favour of Sh. Arvind Kumar Sachdeva of her share, that is why the petitioners being classI legal heirs are entitled for letters of administration of such estate of Sh. Arvind Kumar Sachdeva. Moreover, Ms. Indu Bala was of her sound health and mind vis a vis the Will was subscribed without any force or coercion, which also find mentioned in the Will. Moreover, the Will was not registered by her but it was attested by two witnesses.
The said witnesses PW4/ Sh. Swadesh Kumar and PW5/ Sh. Vikas Amar had also deposed that Ms. Indu Bala had subscribed the Will in their presence and they also attested it. This satisfies the requirement of section 68 of Indian Succession Act. Consequently, there is no legal impediment to grant of probate of Will/ letters of administration.
PC No. 4/14 Page 6 of 9Vikram Sachdeva & Ors. vs. State & Ors.
5.1 (Findings) - The contentions of petitioners are considered and assessed in the light of material on record and statutory provisions of law of Indian Succession Act, 1925 and section 68 of the Evidence Act, 1872. 5.2 The petitioner nos. 1, 2 & 3 have deposed on the lines of petition. Their testimony remained unchallenged on all counts either with regard to death certificate of deceased testator Ms. Indu Bala or of their father Sh. Arvind Kumar Sachdeva or Sh. Lakhsmi Chand Sachdeva. 5.3 The petitioners are not legatee in the Will of Ms. Indu Bala. However, in order to establish that Sh. Arvind Kumar Sachdeva was bequeathed the estate in his favour, the petitioners thought it to prove the Will so that estate of Sh. Arvind Kumar Sachdeva to the extent mentioned in the Will may be proved. As appears, Sh. Arvind Kumar Sachdeva had not filed any petition on the basis of Will dated 11.02.2007 (Ex. PW4/1).
PW4/ Sh. Swadesh Kumar and PW5/ Sh. Vikas Amar are attesting witnesses in the Will (Ex. PW4/1) and they deposed that Will was subscribed in their presence, not only they identified signature of testatrix Ms. Indu Bala but also their own signatures as attesting witnesses. Their testimony satisfy requirement of section 63 of Indian Succession Act, 1925 as well as requirement of Section 68 of Indian Evidence Act. The Will has been proved by petitioners. 5.4 The petitioners are legal heirs of Sh. Arvind Kumar Sachdeva (a beneficiary/ universal legatee in the Will dated 11.02.2007, left by Ms. Indu Bala). The testimony of petitioners/ PW1 to PW3 remained unchallenged. There was another petition filed by respondent no. 3/ Sh.
PC No. 4/14 Page 7 of 9Vikram Sachdeva & Ors. vs. State & Ors.
Yatinder Mohan Sachdeva (under the title Yatinder Mohan Sachdeva vs. State & Ors. in respect of registered Will dated 27.10.1980 of Lakshmi Chand Sachdeva) which was resolved by him, the petition PC no. 42/2011 was withdrawn by him vis a vis statement was given on his behalf on 02.02.2015 having no objection to the petition. Moreover, copy of order dated 05.12.2014 in CS (OS) No. 2838/2011 with regard to settlement between the parties is also available in the file PC no. 42/11. Consequently, this petition by legal heirs/ classI legal heirs of Sh. Arvind Kumar Sachdeva is maintainable to the extent of estate of Sh. Arvind Kumar Sachdeva, which devolved upon him pursuant to Will of Ms. Indu Bala.
6. In view of the above, it is held that petitioners have established the petition for letters of administration in respect of estate of deceased and they are entitled for letters of administration to administer the estate devolved upon the petitioners upon demise of Sh. Arvind Kumar Sachdeva. However, letters of administration will be issued on the prescribed form VII but it would be subject to - (i) filing of valuation report and appropriate of stamp / Court fee; (ii) they will furnish Administration Bond, both of them could be filed within a period of one and half month from today; visavis subsequently, (iii) they will furnish full and true inventory of the said property and credits and exhibit the same in the Court within six months from the date of grant of Certificate on prescribed Form No. 178 and; (iv) to render true account of said property and credits within one year on prescribed Form No. 179.
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However, it is made clear that allowing of petition for letters of administration would not tantamount to be any declaration of title of estate of deceased.
Accordingly, the petition stands disposed off.
File be consigned to record room.
Announced in the open Court (Inder Jeet Singh)
on Budhvar, Chaitra 17, Saka 1938 Additional District Judge02(South),
Saket, New Delhi / 06.04.2016
PC No. 4/14 Page 9 of 9
Vikram Sachdeva & Ors. vs. State & Ors.
PC No. 4/14
Present : Proxy counsel for petitioner.
None for State / general public / respondent no. 1.
None for respondent nos. 2 to 5.
It is judgment day today. Vide separate judgment announced today, the petition is allowed for letters of administration in respect of estate of deceased and they are entitled for letters of administration to administer the estate devolved upon the petitioners upon demise of Sh. Arvind Kumar Sachdeva. However, letters of administration will be issued on the prescribed form VII but it would be subject to - (i) filing of valuation report and appropriate of stamp / Court fee; (ii) they will furnish Administration Bond, both of them could be filed within a period of one and half month from today; visavis subsequently, (iii) they will furnish full and true inventory of the said property and credits and exhibit the same in the Court within six months from the date of grant of Certificate on prescribed Form No. 178 and; (iv) to render true account of said property and credits within one year on prescribed Form No. 179.
Accordingly, the petition stands disposed off.
In the meantime, Junior Judicial Assistant/ Reader attached to the court will also compute the court fee payable.
The probate petition PC no. 42/11 was called by order dated 29.02.2016, let it be sent back.
File is consigned to record room.
(Inder Jeet Singh)
ADJ02 (South), Saket
M New Delhi / 06.04.2016
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