Delhi District Court
Priya Kapur vs State on 19 October, 2024
In The Court of Sh. Hem Singh,
District Judge-01, (East),
Karkardooma Courts, Delhi.
PC No.31/2023
CNR NO. DLET01-009341-2023
In the matter of:
1. Ms. Priya Kapur
D/o Lt. Kewal Kumar Arora
W/o Sh. Ramesh Chandra Kapur
R/o H-220, Ramakrishna Apartment,
IP Extension, Patparganj,
Delhi-110092.
2. Mr. Ramesh Chandra Kapur
S/o Lt. Sukhbir Kapur
R/o H-220, Ramakrishna Apartment,
IP Extension, Patparganj,
Delhi-110092.
........Petitioners
Versus
1. State
Represented through:
The Chief Secretary,
Players Building, Delhi Secretariat
GNCT of Delhi, Indraprastha, ITO
Delhi - 110002.
2. The Commissioner Faridabad Division
Office of Divisional Commissioner,
Faridabad, Canal Rest House,
Sector 16 A, Faridabad,
Haryana-121002.
3. Mr. Sanjay Arora
S/o Lt. Kewal Kumar Arora,
R/o G-170, Sarita Vihar,
Delhi-110076
Also at: 50/1, Third Floor, Gali no.5,
Shankar Nagar, Delhi-110051.
.........Respondents
Date of Institution : 15.07.2023
Order reserved on : 21.09.2024 Digitally
signed by
Order announced on : 19.10.2024 HEM
HEM
SINGH
SINGH Date:
2024.10.19
16:30:51
+0530
PC No.18/2022 Priya Kapur & Anr. Vs. State & Ors. Pg no.1of8
Petition U/s 218 r/w Section 276 of the Indian Succession Act for
Grant of Letter of Administration.
ORDER
The instant petition has been filed for grant of Letter of Administration in respect of property bearing no. 50/A/1, Second Floor, admeasuring 87 sq. yds., out of Khasra no.160, Khewat no.94, Khatooni no.204 situated at abadi of Gali Shiv Mandir, Gali no.5, Main Shankar Nagar, in the abadi of Village Ghondli, Illaqa Shahdara, Delhi-110051 and property admeasuring 5 bigha out of Mandraja Khewat no.70, Sabik Khewat no.64, Khewat no.47 situated at Kot Tehsil Ballahgarh, Faridabad, Haryana owned by deceased Kewal Kumar Arora. However, vide separate statement dated 05.03.2024 of Ld. Counsel for the petitioners, the property admeasuring 5 bigha out of Mandraja Khewat no.70, Sabik Khewat no.64, Khewat no.47 situated at Kot Tehsil Ballahgarh, Faridabad, Haryana was dropped from the prayer clause of the present petition. The deceased is survived by two legal heirs- Ms. Priya Kapur (D/o deceased) and Mr. Sanjay Arora (S/o deceased).
1.) BRIEF FACTS:-
a) Petitioner no.1 is the daughter of deceased Kewal Kumar Arora and petitioner no.2 is the son-in-law of the deceased.
Deceased Kewal Kumar Arora died on 23.04.2021 leaving behind his two Class I heirs i.e. petitioner no.1 and respondent no.3 as per Section 8 of Hindu Succession Act. Deceased Kewal Kumar Arora also left a registered Will which came into the knowledge of the petitioners while searching for other documents. Digitally signed by HEM HEM SINGH SINGH Date:
2024.10.19 16:31:05 +0530 PC No.18/2022 Priya Kapur & Anr. Vs. State & Ors. Pg no.2of8
b) Deceased Kewal Kumar Arora married Lt. Kanwal Arora in the year 1967 and they had two children i.e. petitioner no.1 and respondent no.3.
c) As per the registered Will, after the death of testator, petitioner no.1- daughter is entitled for built up Second Floor of the property no.50/A/1, admeasuring 87 sq. yds., out of Khasra no.160, Khewat no.94, Khatooni no.204 situated at abadi of Gali Shiv Mandir, Gali no.5, Main Shankar Nagar, in the abadi of Village Ghondli, Illaqa Shahdara, Delhi-110051. The said property mentioned in the Will was self acquired property of deceased testator by way of sale deed dated 30.03.2000 duly registered with Sub-Registrar-IV, Delhi.
d) Deceased testator Kewal Kumar Arora and his wife Lt.
Kanwal Arora stayed with the petitioners during the years 2020 to 2021 and they also availed the medical facilities from MCD as their daughter i.e. petitioner no.1 is working as Administrative Officer in MCD. Lt. Kanwal Arora predeceased Lt. Kewal Kumar Arora on 21.04.2021 at the home of petitioners i.e. H-221, Ramakrishna Apartment, IP Extension, Delhi-110092 and thereafter, Lt. Kewal Kumar Arora died on 23.04.2021 at Navin Hospital, Sector-3, Vaishali, Uttar Pradesh.
e) The registered Will executed by the deceased Kewal Kumar Arora out of his free will and in the presence of witnesses. The deceased was of sound mind at the time of executing the Will. Respondent no.3, who is the brother of petitioner no.1 never appeared before the Court to contest the matter. Therefore, he has been proceeded ex-parte vide order dated 05.03.2024. Thus, only Digitally signed by HEM HEM SINGH SINGH Date:
PC No.18/2022 Priya Kapur & Anr. Vs. State & Ors. Pg no.3of8 2024.10.19 16:31:28 +0530 petitioners are entitled for grant of letter of administration in respect of properties bequeathed in their favour by Will dated 17.08.2015 executed by deceased Lt. Kewal Kumar Arora.
f) The property for which letter of administration is sought is within the territorial jurisdiction of this Court.
2.) PROCEEDINGS:-
The notice of the petition was issued to the general public through State. The respondent/State was duly served by way of publication in the newspaper 'Indian Express' and 'Jansatta', dated 20.09.2023. Respondent no.1 put their appearance, however, did not contest the petition. No one from the general public participated in the proceedings. Despite service, respondent no.3 never appeared before the Court to contest the present matter.
Therefore, respondent no.3- Sanjay Arora proceeded ex-parte vide order dated 05.03.2024.
3.) ISSUES:-
Following issues were framed vide order dated 05.03.2024:-
a) Whether the petitioners are entitled to the grant of probate/ letter of administration of the Will dated 17.08.2015 of deceased Sh. Kewal Kumar Arora in respect of property bearing no. 50/A/1, Second Floor, admeasuring 87 sq. yds. out of Khasra no.160, Khewat no.94, Khatooni no.204 situated at abadi of Gali Shiv Mandir, Gali no.5, Main Shankar Nagar, in abadi of Village Ghondli, Ilaqa Shahdara, Delhi-110051, as prayed for? OPP HEM
b) Relief.
SINGH Digitally signed by PC No.18/2022 Priya Kapur & Anr. Vs. State & Ors. Pg no.4of8 HEM SINGH Date: 2024.10.19 16:31:47 +0530
4.) EVIDENCE:-
a) In order to substantiate its case, the petitioner no.1 herself stepped in witness box as PW1 and tendered her evidence by way of affidavit Ex.PW-1/1. In her affidavit Ex.PW-1/1, PW-1 has reiterated the facts averred in the petition and has placed reliance on the following documents:
i) Ex.PW1/A- Death certificate of my mother, namely, Lt. Kanwal Arora.
ii) Ex.PW1/B- Death certificate of my father, namely, Lt. Kewal Kumar Arora.
iii) Ex.PW1/C- Surviving Member Certificate.
iv) Ex.PW1/D- Original Will dated 17.08.2015.
v) Ex.PW1/E (OSR)- Sale deed dt. 30.03.2000.
b) PW2- Ms. Shama Bano has been examined as PW2.
She is a summoned witness and brought authority letter (Ex.PW2/1) and summoned record i.e. Registration of Will which is already Ex.PW1/D.
c) PW3- Sh. Ramesh Chandra Kapur, petitioner no.2 herein has been examined as PW3. He has tendered his evidence by way of affidavit Ex.PW3/1 and relied upon the documents already exhibited as Ex.PW1/A to Ex.PW1/E.
d) PW4- Sh. Krishan Lal Kapoor, who is one of the attesting witness to the Will has been examined as PW4. He tendered his evidence by way of affidavit Ex.PW4/A. He identified his signatures at Mark C, signatures of testator at Mark A and signatures of second attesting witenss at Mark B on Digitally Ex.PW1/D which is the Original Will. signed by HEM HEM SINGH SINGH Date:
2024.10.19 16:31:57 PC No.18/2022 Priya Kapur & Anr. Vs. State & Ors. Pg no.5of8 +0530
e) No other witness was examined by the petitioner and petitioner's evidence was closed vide separate statement dated 10.07.2024. No rebuttal evidence led by the respondents.
5.) FINDINGS:-
a) Submissions heard. Record perused. Considered.
b) The instant petition has been filed U/s 218 r/w Section 276 of Indian Succession Act, 1925. Petitioners on oath deposed that Lt. Kewal Kumar Arora died leaving behind petitioner nos.1, 2 and respondent no.3 as the only legal heirs. Petitioners have deposed on the lines of petition, while reiterating the facts and documentary record, which has already been narrated in the paragraphs of status of parties and estate of the deceased above.
c) There is no opposition to the present petition for grant of Letter of Administration from any quarter whatsoever. The petitioner no.1 is the daughter and petitioner no.2 is the son-in-law of deceased, Sh. Kewal Kumar Arora who was maintaining a property bearing no.50/A/1, Second Floor, admeasuring 87 sq.yds.
out of Khasra no.160, Khewat No.94, Khatooni No.204 situated at abadi of Gali Shiv Mandir, Gali No.5, Main Shankar Nagar, Village Ghondli, Illaqa Shahdara, Delhi-110051 vide Sale Deed dated 30.03.2000 (Ex.PW1/E). The petitioners are claiming Letters of Administration in respect of property bearing no.50/A/1, Second Floor, admeasuring 87 sq.yds. out of Khasra no.160, Khewat No.94, Khatooni No.204 situated at abadi of Gali Shiv Mandir, Gali No.5, Main Shankar Nagar, Village Ghondli, Illaqa Shahdara, Delhi-110051. The deceased Sh. Kewal Kumar Arora Digitally signed by has left behind petitioner nos.1 & 2 and respondent no.3 as his HEM HEM SINGH SINGH Date:
2024.10.19 16:32:21 PC No.18/2022 Priya Kapur & Anr. Vs. State & Ors. Pg no.6of8 +0530 legal heirs. However, respondent no.3 never contested the present matter, therefore, he was proceeded ex-parte vide order dated 05.03.2024.
d) The petitioners are claiming probate/letters of administration in favour of petitioner no.1 in respect of property bearing no.50/A/1, Second Floor, admeasuring 87 sq.yds. out of Khasra no.160, Khewat No.94, Khatooni No.204 situated at abadi of Gali Shiv Mandir, Gali No.5, Main Shankar Nagar, Village Ghondli, Illaqa Shahdara, Delhi-110051 by virtue of Will Ex.1/D. As per Section 222 of the Indian Succession Act, 1925, probate shall be granted only to an executor appointed by the Will in question. In the present petition, petitioner no.1 is not an executor appointed by Will, however, petitioner no.1 is the beneficiary of the Will, therefore, petitioner no.1 is entitled for Will annexed letters of administration in respect of property bearing no.50/A/1, Second Floor, admeasuring 87 sq.yds. out of Khasra no.160, Khewat No.94, Khatooni No.204 situated at abadi of Gali Shiv Mandir, Gali No.5, Main Shankar Nagar, Village Ghondli, Illaqa Shahdara, Delhi-110051
e) In view of the petitioner's own testimony and testimonies of other petitioner's witnesses brought on record, I am of the considered opinion that there is no impediment in issuing Will annexed Letters of Administration, in favour of the petitioner no.1, in respect of property bearing no. 50/A/1, Second Floor up to the extent of ceiling level, admeasuring 87 sq.yds. out of Khasra no.160, Khewat No.94, Khatooni No.204 situated at abadi of Gali Shiv Mandir, Gali No.5, Main Shankar Nagar, Village Ghondli, Digitally Illaqa Shahdara, Delhi-110051, as prayed for. signed by HEM HEM SINGH SINGH Date:
2024.10.19 16:32:33 PC No.18/2022 Priya Kapur & Anr. Vs. State & Ors. Pg no.7of8 +0530
f) In view of above discussion, the petition filed by the petitioners, is hereby, allowed and Will annexed Letters of Administration is accordingly, ordered to be issued in the name of the petitioner no.1, in respect of property bearing no. 50/A/1, Second Floor, admeasuring 87 sq.yds. out of Khasra no.160, Khewat No.94, Khatooni No.204 situated at abadi of Gali Shiv Mandir, Gali No.5, Main Shankar Nagar, Village Ghondli, Illaqa Shahdara, Delhi-110051.
It is pertinent to mention herein that grant of Will annexed letters of administration would not tantamount to be any declaration with regard to ownership or title of estate of deceased.
g) However, Will annexed Letter of Administration will be issued on prescribed form VII but it would be subject to - (I) filing of appropriate of Court Fee; (ii) Administration Bond, with in 1 ½ months from today and 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 From No.179.
The original Will Ex.PW1/D will remain and preserved with file in terms of Section 294 of the Indian Succession Act, 1925.
Accordingly, the petition stands disposed of. File be consigned to the record room. Digitally signed by HEM HEM SINGH SINGH Date:
2024.10.19 16:32:41 Announced in the open +0530 Court on 19.10.2024 (Hem Singh) District Judge-01 (East)/KKD/Delhi PC No.18/2022 Priya Kapur & Anr. Vs. State & Ors. Pg no.8of8