Delhi District Court
Rajender Kumar Gulati vs State Of Delhi on 1 May, 2018
IN THE COURT OF MS. SURYA MALIK GROVER
ADDITIONAL DISTRICT JUDGE 01 SOUTH EAST DISTRICT,
SAKET COURTS, NEW DELHI.
PC - 1549/16
1. Rajender Kumar Gulati
S/o. Sh. Ram Shakti Gulati
R/o. House no. 837, Sector 2
Panchkula - 134109 (Haryana)
2. Sat Pal Khattar
S/o. Late Ishare Das Khattar
R/o. 3D Tanglin Hill
Singapore - 248035.
.......Petitioners
Versus
1. State of Delhi.
2. Mala Harrison (Minor)
D/o. Mrs. Shareen Harrison
R/o. 9 Swiss Club Road
Singapore - 288098
Through
Mrs. Shareen Harrison
W/o. Rolf Harrison
3. Jiya Shanta Gulati (Minor)
D/o. Mr. Saurabh Gulati
R/o. 18 Lyrebird Street
PC - 1549/2016 Rajender Kumar Gulati Vs. State of Delhi pg. 1 of 10
Calamvale, Old 4116, Australia.
Through
Mr. Saurabh Gulati
S/o. Ashok Gulati
4. Shirin Tandon
W/o. Mr. Mayank Tandon
R/o. B30, 2nd floor, Lane3
Kanti Nagar Extension
Delhi - 110051.
5. Tarang Kochar
D/o. Mr. Ravinder Kochar
R/o. GH13/492, Paschim Vihar
New Delhi - 110087.
6. Beenu Khanna
W/o. Rakesh Khanna
R/o. J9 Chota Chowk
Hakikat Nagar
Saharanpur, U.P.
7. Neeti Kalra
W/o. Sumesh Kalra
R/o. 10 Glock Farm Way
Chesterfield
NJ 08515 (U.S.A.)
8. Richa Verma
W/o. Adhar Narain
R/o. N65, 1st Floor
PC - 1549/2016 Rajender Kumar Gulati Vs. State of Delhi pg. 2 of 10
Panchsheel Park
New Delhi - 110017.
9. Srishti Gulati
D/o. Sanjiv and Manju Gulati
R/o. D55, Amar Colony
Lajpat Nagar
New Delhi - 110024.
10. Vidhi Gulati
D/o. Vinay Gulati
R/o. D55, Amar Colony
Lajpat Nagar
New Delhi - 110024.
11. Sakshi Sachdeva
W/o. Amol Sachdeva
D/o. Rajesh Gulati
R/o. Mansarovar Colony
Delhi Road
Moradabad - 244 001.
12. Roma Wadhi Ghai
W/o. Vikrant Ghai
R/o. 18760, Mc Farland Avenue
Saratoga, CA 95070, USA.
13. Shilpi Anand
W/o. Rahul Anand
R/o. 223A, Makers Tower
Cuff Parade, Mumbai
PC - 1549/2016 Rajender Kumar Gulati Vs. State of Delhi pg. 3 of 10
14. Neha Chaudhary
W/o. Parag Kumar Chaudhury
R/o. B44, Building no.11
IIT Bombay, Powal
Maharashtra - 400 007.
.......Respondents
Date of institution of case : 22.04.2016
Date of Reserving order : 23.04.2018
Date of Order : 01.05.2018
Petition under Section 276 of the Indian Succession Act, 1876 for grant of probate of Will dated 01.09.2011 executed by Shri Shiv Saran Gulati ( deceased) JUDGMENT
1. The present petition has been filed by the petitioners in the capacity of Executors of the last Will dated 01.09.2011 executed by Late Shri Shiv Saran Gulati for grant of probate.
2. It is averred in the petition that the petitioners no.1 and 2 are the nephew and brother in law respectively of late Sh. Shiv Saran Gulati (hereinafter referred to as 'the Deceased'). The deceased had executed a Will on 01.09.2011 during his lifetime and by virtue of PC - 1549/2016 Rajender Kumar Gulati Vs. State of Delhi pg. 4 of 10 the said Will, the deceased herein has appointed the petitioners herein, being his nephew Rajender Kumar Gulati and brother in law Sat Pal Khattar, as Joint Executors of his Will. The deceased had got the same registered in the Office of Registrar of Assurances vide Document no. 4545, Book No. 3, Vol. no. 1934, pages 148150 dated 01.09.2011. The deceased had executed the Will in the presence of two witnesses. One of the witnesses, Suman Gulati, is the niece of the Deceased and the other witness Sanjiv Sakhuja is the nephew of the deceased. The deceased was ordinarily residing at D54, Lajpat Nagar in New Delhi - 110024 i.e. within the jurisdiction of this Court and had expired at Delhi on 26.01.2015 . The deceased was a widower at the time of his death as his wife, late Indra Kumari Gulati expired on 25.09.2005 and had no issues during their life time. The deceased did not adopt any child during his lifetime. In his Will dated 01.09.2011, the deceased herein expressed his desire that all his estates shall be encashed and liquidated and the net value therefore shall on realization be dealt in the following manner :
i. 12.5 % to Mala Harrison (Minor) D/o. Mrs. Shareen Harrison and Rolf Harrison represented through her legal guardian/ father Mr. Rolf Harrison S/o. Thomas Harrison.
ii. 12.5% to Jiya Shanta Gulati (Minor), D/o. Mrs. Charu and Saurabh Gulati represented through her legal guardian / father Mr. PC - 1549/2016 Rajender Kumar Gulati Vs. State of Delhi pg. 5 of 10 Saurabh Gulati S/o. Sh. Ashok Gulati.
iii. 12.5% to Shirin Tandon, D/o. Mrs. Anju and Ravinder Kochar iv. 12.5% to Tarang Kochar D/o. Mrs. Anju and Ravinder Kochar.
v. 10% to Mrs. Beenu Khanna (Grandniece of the deceased) D/o.
Late Mrs. Prem and Subhash Verma vi. 5% to each of the following:
a) Mrs. Neeti Kalra (daughter of niece of the deceased) D/o. Naresh and Narinder Kumar Dhawan.
b) Richa Verma (daughter of niece of the deceased), D/o. Mrs. Romila and Satish Verma
c) Srishti Gulati (daughter of nephew of the deceased) D/o. Sanjiv and Manju Gulati
d) Vidhi Gulati (daughter of nephew of the deceased), D/o. Vinay Gulati and Aarti Gulati.
e) Sakshi Sachdeva (daughter of nephew of the deceased) D/o. Mrs. Veena Gulati and W/o. Amol Sachdeva
f) Roma Wadhi Ghai (daughter of niece of the deceased) W/o. Rahul Anand D/o. Mrs, Shashi and Ashok Wadhi.
g) Shilpi Anand (daughter of nience of the deceased) W/o. Parag Kumar Chaudhuri D/o. Mrs. Suman and Vijay Kumar Mediratta.
h) Neha Chaudhuri (daughter of niece of the deceased) W/o. Parag Kumar Chaudhuri, D/o. Mrs. Suman and Vijay Kumar Mediratta.
PC - 1549/2016 Rajender Kumar Gulati Vs. State of Delhi pg. 6 of 10
3. It is therefore prayed that probate of Will dated 01.09.2011 executed by Mr. Shiv Saran Gulati - deceased in respect of the property bearing no. D54, Amar Colony, Lajpat NagrIV, New Delhi may be granted in favour of respondents as detailed above.
4. After institution of the petition, notice of the petition was issued to the respondents/State vide order dated 25.04.2016. Publication of the petition was effected in newspaper 'Navbharat Times' and 'The Statesman'. The Respondents no. 2 to 14 were also served through e mail and through District Court concerned.
5. The Respondents were served through email and vide Order dated 04.02.2017, all the respondents wee proceeded exparte. However, No Objections of the respondents i.e. respondents no.2 (minor) and 3 (minor) through affidavit of their respective guardians and also of respondents 4 to 14 to grant probate of the aforesaid property in favour of the petitioners was already filed on the record.
6. The attesting witness of the Will, Sh. Sanjiv Sakhuja was examined as PW1. PW1 supported the claim of the petitioners in PC - 1549/2016 Rajender Kumar Gulati Vs. State of Delhi pg. 7 of 10 his affidavit Ex. PW1/A stating that the Will Ex. PX dated 01.09.2011 was executed by deceased testator Shri Shiv Saran Gulati in his presence and in presence of one more witness Mrs. Suman Gulati, wife of Sh. Ashok Gulati bearing the signatures of the deceased Sh. Shiv Saran Gulati appended at points X and Y and that the same is valid and genuine and she accepted and admitted the same in its totality and got it exhibited as Ex.PX. The Court also put certain queries in this regard to satisfy itself with regard to mental and physical fitness of the testator at the time of execution of the Will.
7. One of the petitioners/Executors of the Will Sh. Rajender Kumar Gulati who examined himself as PW2, tendered his evidence by way of affidavit Ex. PW2/A. Petitioner/PW2 placed on record the death certificate of deceased Sh. Shiv Saran Gulati. PW2 also placed on record certified copies of the birth certificates of minor Respondents no. 2 and 3, exhibited as Ex. PW2/2 and Ex. PW2/3.
8. I have heard the arguments advanced by the Ld. Counsel for the petitioners. I have gone through the record and the original Will dated 01.09.2011 executed by deceased testator Sh. Shiv Saran Gulati. One of the attesting witnesses of the Will was also got examined by the petitioner as PW1. As per the Original Will Ex.
PC - 1549/2016 Rajender Kumar Gulati Vs. State of Delhi pg. 8 of 10 PX, the deceased testator had left behind immovable property bearing no. D54, Amar Colony, Lajpat NagrIV, New Delhi. Apart from Respondents no.2 to 14 who have filed their No objection to grant of probate of the present Will in favour of the petitioners by way of affidavit, the original death certificate of deceased testator Sh. Shiv Saran Gulati dated 04.02.2015 has also been produced on record and also exhibited as Ex.PW2/1.
9. The averments made in the petition by the petitioners virtually remained unrebutted and unchallenged. The attesting witness of the Will of the deceased testator Sh. Shiv Saran Gulati has also been called as petitioner's witnesses who produced himself as PW1 and has proved the case of the petitioner. No Objections of all legal heirs of deceased testator i.e. respondents no.2 (minor) and 3(minor) through affidavit of their respective parents and also of respondents 4 to 14 to grant probate of the Will in favour of the petitioners / the Executors of the present Will have been placed on record. No evidence has been led by the respondent no.1/State and respondents no.2 to 14. The testimony of all the PWs remained unrebutted in absence of any cross examination by the respondent/State and there is no reason to disbelieve the same. The unrebutted testimonies of PWs proves the case of the petitioners on the scales of preponderance of probabilities. PC - 1549/2016 Rajender Kumar Gulati Vs. State of Delhi pg. 9 of 10
10.Hence, in view of above discussion, the probate of Will dated 01.09.2011 executed by deceased testator Sh. Shiv Saran Gulati with respect to immovable property bearing no. D54, Amar Colony, Lajpat NagrIV, New Delhi is granted in favour of petitioners /Executors of the Will Sh. Rajender Kumar Gulati and Sh. Sat Pal Khattar on filing of Court fee advalorem and on furnishing the administrative bond and surety bond of the equal value on the basis of valuation. It is further clarified that the question of right, title, interest, ownership and share pertaining to the property bearing no. D54, Amar Colony, Lajpat NagrIV, New Delhi has not been adjudicated upon in any manner by this court.
File be consigned to Record Room.
(Announced in open Court (SURYA MALIK GROVER)
on May 01, 2018) ADJ01: South East District
Saket , New Delhi.
PC - 1549/2016 Rajender Kumar Gulati Vs. State of Delhi pg. 10 of 10