Delhi High Court
Mr. Jagmohan Singh vs State Of Nct Of Delhi & Ors. on 8 December, 2023
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 30th November, 2023
Pronounced on:8th December, 2023
+ TEST.CAS. 15/2020
MR. JAGMOHAN SINGH ..... Petitioner
Through: Mr. Ravinder Singh and Ms.
Raveesha Gupta, Advocates.
versus
1. STATE OF NCT OF DELHI
Through Chief Secretary
Delhi Secretariat, I.P. State,
New Delhi. ....... Respondent no.1
2. MS. JASNIT KAUR BHASIN (UNMARRIED)
D/o Late Mr. Amolak Singh Bhasin (H/o Late Mrs. Balwant
Kaur Bhasin)
R/o A-2A, SFS Flats,
Mayur Vihar, Phase 3,
New Delhi-110096. ....... Respondent no.2
3. MRS. HARBANS KAUR KOHLI
W/o Late Mr. Avtarjit Singh Kohli (S/o Late Mrs. Tej Kaur Kohli)
C/o Ms. Jasmeeta Kapany
R/o 3 E, Camac Street,
Flat No. 2
Kolkata-700016
Email: [email protected] ....... Respondent no.3
4. MS. JASMEETA KAPANY
D/o Late Mr. Avtarjit Singh Kohli (S/o Late Mrs. Tej Kaur Kohli)
R/o 3 E, Camac Street,
Flat No. 2
Kolkata-700016
Email: [email protected] ....... Respondent no.4
Signature Not Verified
DigitallySigned By:SAHIL
SHARMA
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5. MR. SARABJIT SINGH KOHLI
S/o Late Mr. Avtarjit Singh Kohli (S/o Late Mrs. Tej Kaur Kohli)
R/o 15704, Gunnison DR
Edmond
OK 73013, USA
Email: [email protected] ....... Respondent no.5
6. MANJEET SINGH KOHLI
S/o Late Mr. Harjit Singh Kohli (S/o Late Mr. Tej Kaur Kohli)
n R/o 120/20, Lajpat Nagar,
Kanpur, Uttar Pradesh - 208005
Email: [email protected] ....... Respondent no.6
7. MANMEET SINGH KOHLI
S/o Late Mr. Harjit Singh Kohli (S/o Late Mr. Tej Kaur Kohli)
R/o 126/30 F Block, Govind Nagar
Kanpur, Uttar Pradesh - 208006
Email: [email protected] ....... Respondent no.7
8. MR. UPKAR SINGH
H/o Late Mrs. Surinder Kaur (D/o Late Mrs. Tej Kaur Kohli)
Village & Post Office - Ladhowal
District Ludhiana
Punjab -141008 ....... Respondent no.8
9. MR. GURDEEP SINGH
S/o Mr. Upkar Singh (Son-in-Law of Late Mrs. Tej Kaur Kohli)
R/o 17743, Arthur Hooper
Pierrefonds, QC, HRJ 3R2
Canada
Email: [email protected] ....... Respondent no.9
10. MR. RAJINDER SINGH
S/o Mr. Upkar Singh (Son-in-Law of Late Mrs. Tej Kaur Kohli)
Village & Post Office - Ladhowal
District Ludhiana
Punjab -141008
Email: [email protected] ....... Respondent no.10
Signature Not Verified
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SHARMA
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11. MS. HARPREET KAUR
D/o Mr. Upkar Singh (Son-in-Law of Late Mrs. Tej Kaur Kohli)
R/o 284, Type 2, Sector 1, Nay a Nangal
District Ropar, Punjab -140126
Email: [email protected] ....... Respondent no.11
12. MR. SURJIT SINGH KOHLI
S/o Harbans Singh Kohli (H/o Late Mrs. Tej Kaur Kohli)
C/o Raminder Kaur Chopra
R/o 923-B, Housing Board Colony,
HIG Flats, Ranjeet Avenue,
Amritsar, Punjab -143001 ....... Respondent no.12
13. MS. RAMINDER KAUR CHOPRA (D/O LATE MRS. TEJ
KAUR KOHLI)
W/o Late Mr. Rajpal Singh Chopra
R/o 923-B, Housing Board Colony,
HIG Flats, Ranjeet Avenue,
Amritsar, Punjab -143001 ....... Respondent no.13
14. MS. KAWAL INDER KAUR
D/o Late Mr. Ranjit Singh Maini (Son-in-Law of Late Mrs. Tej
Kaur Kohli)
R/o 19, New Guru Arjan Dev Nagar
Gill Road, Moga
Punjab -142001 ....... Respondent no.14
15. MS. TEJINDER KAUR
D/o Late Mr. Ranjit Singh Maini (Son-in-Law of Late Mrs. Tej
Kaur Kohli)
R/o 500, Preet Nagar
Near Sikka Gas Godown
Amritsar, Punjab -143001 ....... Respondent no.15
16. MS. KULJINDER KAUR
D/o Late Mr. Ranjit Singh Maini (Son-in-Law of Late Mrs. Tej
Kaur Kohli)
Signature Not Verified
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SHARMA
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R/o C-36, Guru Amar Das Avenue
Airport Road
Amritsar, Punjab -143001 ....... Respondent no.16
17. MS. KIRPAL INDER KAUR
D/o Late Mr. Ranjit Singh Maini (Son-in-Law of Late Mrs. Tej
Kaur Kohli)
R/o 486, Naulakha Garden Colony (Near CMC)
Benjamin Road
Ludhiana, Punjab -141008 ....... Respondent no.17
18. MS. RAJWANT KAUR
D/o Late Mr. Ranjit Singh Maini (Son-in-Law of Late Mrs. Tej
Kaur Kohli)
R/o 5, Zira Road, Moga
Punjab -142001 ....... Respondent no.18
19. MR. CHANRANJIT SINGH
S/o Late Mr. Ranjit Singh Maini (Son-in-Law of Late Mrs. Tej
Kaur Kohli)
R/o 4, Sinclair Walk, Pakenham
Victoria, 3810
Australia
Email: [email protected] ....... Respondent no.19
20. MR. MANJIT SINGH
S/o Late Mr. Ranjit Singh Maini (Son-in-Law of Late Mrs. Tej
Kaur Kohli)
R/o 97, Aspen Drive, Brandon
MB, R7A 7T2, Canada ....... Respondent no.20
21. MR. TEJBIR PHOOL
S/o Late Mr. Bhupinder Singh Phool (Son-in-Law of Late Mrs.
Ved Kaur Oberoi)
R/o 9304, Belle Terre Way
Potomac
MD 20854, USA
Email: [email protected] ....... Respondent no.21
Signature Not Verified
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SHARMA
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22. MS. AMRITIKA PHOOL
D/o Late Mr. Bhupinder Singh Phool (Son-in-Law of Late Mrs.
Ved Kaur
Oberoi)
R/o C-85, Defence Colony
New Delhi 110024
Email: [email protected] ....... Respondent no.22
23. MS. SHRIN KOHLI
D/o Late Mr. Rajinder Singh Sethi (Son-in-Law of Late Mrs. Ved
Kaur Oberoi)
R/o 1142, Shenandoah Drive
Sunnyvale, CA 94087, USA
Email: [email protected] ....... Respondent no.23
24. MS. ROSHNI SINGH
D/o Late Mr. Rajinder Singh Sethi (Son-in-Law of Late Mrs. Ved
Kaur Oberoi)
I R/o 115, Sierra Azule
Los Gatos, CA 95032, USA
Email: [email protected] ....... Respondent no.24
25. MS. INDERMOHINI SINGH (D/O LATE MRS. VED KAUR
OBEROI)
W/o Dr. Bhupinder Singh
R/o C-8/8680,
Vasant Kunj,
New Delhi-110070
Email: [email protected] ....... Respondent no.25
26. MR. AGYAPAL SINGH OBEROI (S/O LATE MRS. VED
KAUR OBEROI)
S/o Late Mr. Darshan Singh Oberoi
R/o 5191, Rosedale, Montreal
Quebec H4V 2H4 Canada
Email: [email protected] ....... Respondent no.26
Signature Not Verified
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SHARMA
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27. MR. NAUNIHAL SINGH OBEROI (S/O LATE MRS. VED
KAUR OBEROI)
S/o Late Mr. Darshan Singh Oberoi
R/o E-29, South Extension Part-I,
New Delhi -110049
Email: [email protected] ....... Respondent no.27
28. MS. UMITA KAUR (D/O LATE MRS. VED KAUR OBEROI)
W/o Lt. Gen. Inderjit Singh
R/o C-9/9399, Vasant Kunj,
New Delhi -110070 ....... Respondent no.28
29. MS. RAMINDER KAUR BEDI (D/O LATE MR. KULBIR
SINGH)
W/o Late Mr. Devinder Singh Bedi
R/o 903, Shishira Tower
Yamuna Nagar
Andheri (W) Mumbai - 400053 ....... Respondent no.29
30. MS. SAVINDER KAUR CHHATWAL (D/O LATE MR.
KULBIR SINGH)
W/o Late Dr. Surjit Singh Chhatwal
R/o 8 E, Kennedy Lane, Unit 307
Hinsdale, Illinois 60521 USA
Email: [email protected] ....... Respondent no.30
31. MR. CHARAN KAMAL SINGH
S/o Late Mr. Kulbir Singh
R/o 12339, Charlene lane,
Tecumseh, ONT N9K1A6,
Canada
Email: [email protected] ....... Respondent no.31
32. MRS. RAMINDER KAUR BEDI
W/o Late Mr. Devinder Singh Bedi (S/o Late Mrs. Sampuran
Kaur Bedi)
C/o Harpreet Kaur Bedi
R/o 903, Shishira Tower,
Signature Not Verified
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SHARMA
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Yamuna Nagar,
Andheri (W)-400053
Mumbai ....... Respondent no.32
33. MS. HARPREET KAUR BEDI
D/o Late Mr. Devinder Singh Bedi (S/o Late Mrs. Sampuran Kaur
Bedi)
R/o 903, Shishira Tower,
Yamuna Nagar,
Andheri (W)-400053
Mumbai
Email: [email protected] ....... Respondent no.33
34. MR. LAVNEET SINGH BEDI
S/o Late Mr. Devinder Singh Bedi (S/o Late Mrs. Sampuran Kaur
Bedi)
R/o 6 Balfour Court, Guelph
Ontario NIL 1A9
Canada
Email: [email protected] / [email protected]
....... Respondent no.34
35. MRS. NAGINDER DEEP BEDI
W/o Late Mr. Jatinder Singh Bedi (S/o Late Mrs. Sampuran Kaur
Bedi)
R/o 4160, Lakefield DR,
Sterling Heights,
Michigam-48314
USA
Email: [email protected] ....... Respondent no.35
36. MS. TAMANNA LAM
D/o Late Mr. Jatinder Singh Bedi (S/o Late Mrs. Sampuran Kaur
Bedi)
R/o 5779, Lochmoor Court
Rochester, MI 48306 USA
Email: [email protected] ....... Respondent no.36
Signature Not Verified
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SHARMA
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37. DR. HARJANEET SINGH BEDI
S/o Late Mr. Jatinder Singh Bedi (S/o Late Mrs. Sampuran Kaur
Bedi)
R/o 6806 E Warwick Lake Lane
Spring TX 77389 USA
Email: [email protected] ....... Respondent no.37
38. MR. GURRINDER SINGH BEDI (S/O LATE MRS.
SAMPURAN KAUR BEDI)
S/o Late Mr. Attar Singh Bedi
R/o 4494, Bentley Drive,
Troy, MI 48098 USA
Email: [email protected] ....... Respondent no.38
39. MR. JAGMOHAN SINGH BEDI (S/O LATE MRS.
SAMPURAN KAUR BEDI)
S/o Late Mr. Attar Singh Bedi
R/o C-9, Model Town, Kharar District
Mohali -140307, Punjab
Email: [email protected] ....... Respondent no.39
40. MS. SATPAL KAUR (D/O LATE MRS. SAMPURAN KAUR
BEDI)
D/o Late Mr. Attar Singh Bedi
R/o Flat no. 3037,
SBI Officer's Colony, Sector 49,
Chandigarh-160049 ....... Respondent no.40
41. MR. RAJINDER SINGH BEDI (S/O LATE MRS. SAMPURAN
KAUR BEDI)
S/o Late Mr. Attar Singh Bedi
R/o Bedi Clinic & Nursing Home,
21 Fateh Colony, Near Phowara Chowk
Patiala, Punjab -147001 ....... Respondent no.41.
Through: Mr. Abhinav Singh and Mr. Rajat M.
Dwivedi, Advocates for respondent/
GNCTD.
Signature Not Verified
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SHARMA
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CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T
NEENA BANSAL KRISHNA, J.
1) The petitioner, Mr. Jagmohan Singh, has filed the present petition under Section 276 of the Indian Succession Act, 1923 for grant of Probate in respect of Will dated 1st September, 2014 executed by his aunt, Late Ms. Kulbir Kaur, in which he is named as the executor.
2) The petitioner has stated that the deceased Ms. Kulbir Kaur was an unmarried lady who was living with the petitioner till the time of her death. She was the sole and absolute owner of immovable property bearing No. U- 1901, Amrapalli Sapphire, Sector-45, Noida-201301 (hereinafter referred to as "Amrapalli suit property") and Space Area measuring 2500 Sq. Feet (Super Area), World Trade Centre, Plot No. TZ-13-A, Sector Technical Zone, Greater Noida Industrial Development Area, Distt. Gautam Budh Nagar (hereinafter referred to as "Space Area suit property") being self acquired properties. Aside from this, she had following movable assets i. Savings account jointly in the name of Late Ms. Kulbir Kaur and Mr. Jagmohan Singh with Punjab National Bank bearing no. 012800100029841 ii. Savings account jointly in the name of Late Ms. Kulbir Kaur and Mr. Jagmohan Singh with post office bearing no. 3206405 iii. Savings account jointly in the name of Late Ms. Kulbir Kaur and Mr. Jagmohan Singh with post office bearing no. 68345 Signature Not Verified DigitallySigned By:SAHIL SHARMA Test Case 21/2019 Page 9 of 14 Signing Date:11.12.2023 21:23:12 iv. MIS account with the Post Office bearing no. 213451 v. MIS account with the Post Office bearing no. 214267 vi. Fixed Deposits with Punjab National Bank
3) Ms. Kulbir Kaur died on 07.01.2016 and is survived by her legal heirs respondents 2-41, being her nephews and nieces, as she was unmarried and had no children of her own. During her life time, Ms. Kulbir Kaur executed her last Will dated 1st September 2014, whereby she bequeathed the Amrapalli suit property in favour of Ms. Jasnit Kaur Bhasin who is respondent No.2. She further directed that the Space Area suit property be sold and the sale proceeds received out of such sales, shall be distributed and disbursed between her following relatives in the following manner-
i. Rs. 40 Lakhs shall be disbursed to respondent No. 29, Mrs. Raminder Kaur Bedi w/oLate Mr. Devinder Sigh Bedi, ii. Rs. 40 Lakhs shall be disbursed to Mrs. Sudarsh Oberoi wife of her nephew Mr. N.S. Oberoi iii. Rs. 10 Lakhs shall be disbursed to respondent No. 3, Mrs. Harbans Kaur Kohli w/o Late Mr. Avtarjit Singh Kohl iv. Rs. 5 Lakhs shall be disbursed to Mr. Bhupinder Singh husband of her niece Mrs. Inder Mohini Kaur.
v. Rs. 2.5 Lakhs shall be disbursed to her niece Mrs. Teji Phool.
vi. Rs. 2.5 Lakhs shall be disbursed to her niece Mrs. Umita Singh.
vii. Rs. 20 Lakhs shall be disbursed to Mrs. Jasmeet Kaur wife of her nephew Mr. Jagmohan Singh.
4) A provision for her moveable assets was also made in her Will dated Signature Not Verified DigitallySigned By:SAHIL SHARMA Test Case 21/2019 Page 10 of 14 Signing Date:11.12.2023 21:23:12 1st September 2014. She stated that the entire sums in all the bank accounts, post office, MIS and FDs shall be disbursed to Shri Jagmohan Singh, the petitioner herein. A prayer is, therefore, made that a Probate in respect of the last Will dated 1st September 2014 of Late Ms. Kulbir Kaur, may be granted for all the movable and immovable assets in terms of the last Will.
5) Citations were published in daily newspaper „the Statesman' (English), New Delhi edition, and 'Rashtriya Sahara' (Hindi), New Delhi on 12.02.2022
6) Despite service, none of the Respondent Nos. 2 to 41 appeared and their right to file objections was closed vide order of this Court dated 23.08.2023.
7) The Valuation Report was submitted by SDM Dadri, Gautam Budh Nagar, Noida in respect of the suit properties, that the property namely, Space Area measuring 2500 Sq. Feet (Super Area), World Trade Centre, Plot No. TZ-13-A, Sector Technical Zone, Greater Noida Industrial Development Area, Distt. Gautam Budh Nagar is valued at Rs 75000/- per Sq. feet. Further, the the property bearing No. U-1901, Amrapalli Sapphire, Sector-45, Noida-201301 is valued at Rs 71,74,800/-.
8) The petitioner to prove the Will examined himself as PW1 and proved the execution of original Will of Ms. Kulbir Kaur which is Ex.PW1/2. He also proved her original Death Certificate as Ex.PW1/3, the Flat Buyer Agreement dated 27.04 2013 for the Amrapalli property as Ex.PW1/4, Agreement dated 22.07.2013 for the Space Area property as Ex.PW1/5, the brief description of the moveable assets of Ms. Kulbir Kaur as Ex. PW1/6-PW1/11 and judgement dated 18.11.2019 in earlier probate petition bearing no. 128/2016 as Ex. PW1/12.
Signature Not Verified DigitallySigned By:SAHIL SHARMA Test Case 21/2019 Page 11 of 14 Signing Date:11.12.2023 21:23:129) Mr. Jasjeet Dureja, one of the attesting witness to the Will dated 01.09.2014 of Ms. Kulbir Kaur i.e. Ex. PW1/2, appeared as PW2. He deposed that he was one of the witnesses to the Will i.e. Ex.PW1/2 and also identified signatures of Late Ms. Kulbir Kaur at point A. He also identified his signature at point B and of the other witness, Mr. B.S. Mathur at point C. He deposed that the Will was signed by the deceased, him and the other attesting witness in the presence of each other and that the testator was of sound and deposing mind at the time of signing.
10) Mr. B.S. Mathur, the other attesting witness to the Will dated 01.09.2014 of Ms. Kulbir Kaur i.e. Ex. PW1/2, appeared as PW3. He deposed that he was one of the witnesses to the Will i.e. Ex.PW1/2 and also identified signatures of Late Ms. Kulbir Kaur at point A. He also identified his signature at point C and of the other witness, Mr. Jasjeet Dureja at point B. He deposed that the Will was signed by the deceased, him and the other attesting witness in the presence of each other and that the testator was of sound and deposing mind at the time of signing.
11) Submissions heard.
12) The mode for execution of Will is provided under Section 63(c) of the
Indian Succession Act, 1925 which reads as under :
"63. Execution of unpriviledged wills - Every testator, not being a soldier employed in an expedition or engaged in actual warfare, I[or an airman so employed or engaged] or a mariner at sea, shall execute his will according to the following rules:-
(a) - (b)***
(b) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign Signature Not Verified DigitallySigned By:SAHIL SHARMA Test Case 21/2019 Page 12 of 14 Signing Date:11.12.2023 21:23:12 the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary."
13) The conditions for execution of a Will, as per the mandate of Clause
(c) of Section 63, is that it must be attested by two or more witnesses, each of whom should have seen the testator sign or put his mark on the Will. The Will must be signed by the witnesses in the presence of the testator, but it is not necessary that more than one witness should be present at the same time.
14) The uncontested testimony of the petitioner has proved the Will exhibited as Ex.PW1/2 as the last and final Will of deceased Ms. Kulbir Kaur. The petitioner is named as the Executor in the Will.
15) Section 68 of Indian Evidence Act further provides the mode of proof of the Will and requires that at least one attesting witness to the Will must be examined. Accordingly, PW2 Mr. Jasjeet Dureja and PW3 Mr. B.S. Mathur, the attesting witnesses have been examined, who have both deposed that the Will was signed by the testator Late Ms. Ms. Kulbir Kaur in front of them. Further, they had also signed the Will in the presence of each other.
16) The testimony of the petitioner as well as PW2 Mr. Jasjeet Dureja and PW3 Mr. B.S. Mathur, the attesting witnesses has not been subjected to any cross-examination. The petition is not contested by any of the respondents who are the heirs of the deceased and beneficiaries under the Will. They have not put appearance despite service of notice and their right to file Signature Not Verified DigitallySigned By:SAHIL SHARMA Test Case 21/2019 Page 13 of 14 Signing Date:11.12.2023 21:23:12 reply/objection was closed by the order of this court dated 23.08.2023. Also, no objection has been received from any third person, pursuant to the citation.
17) The unchallenged and unrebutted testimony of the petitioner as PW-1 who is supported by the testimony of the two attesting witnesses namely PW2 Mr. Jasjeet Dureja and PW3 Mr. B.S. Mathur, proves the genuineness and the authenticity of the Will dated 01.09.2014 of Late Ms. Kulbir Kaur which is hereby, held to be proved.
18) Probate in respect of the Will dated 01.09.2014 is hereby granted to the Petitioner, the named Executor, subject to payment of requisite court fees.
19) Petitioner shall furnish Administrative Bond with one Surety to the satisfaction of the learned Joint Registrar General of this court.
20) The valuation of both properties filed by the SDM concerned is on record.
21) On payment of the requisite court fee and other formalities noted above, the Probate in respect of the Will dated 01.09.2014 shall be issued by the Registry.
22) The petition stands allowed and accordingly disposed of in the above terms.
23) List before the Joint Registrar on 04.01.2024 for depositing of the bond.
(NEENA BANSAL KRISHNA) JUDGE DECEMBER 08, 2023/va Signature Not Verified DigitallySigned By:SAHIL SHARMA Test Case 21/2019 Page 14 of 14 Signing Date:11.12.2023 21:23:12