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Sh. Charanjeet Singh vs The State on 18 November, 2020

IN THE COURT OF SH UMED SINGH GREWAL : ADDL.
     DISTRICT JUDGE, (WEST)­02, TIS HAZARI
                COURTS:DELHI.


Probate Case No. 61/2018


Sh. Charanjeet Singh
S/o Late S. Sardul Singh
R/o H. no. A­3/76, Janakpuri,
New Delhi.                                         ...Petitioner

                           Versus

1.     The State
       Through Chief Secretary,
       Government of NCT of Delhi
       Delhi Secretariat,
       I.P. Estate, Delhi

2.     S. Ranjeet Singh
       S/o Late S. Sardul Singh
       R/o B­1/214, Janakpuri,
       New Delhi­110058.

3.     Sdr. Paramjeet Kaur
       W/o S. Sarabjeet Singh
       R/o H. No. 1502, Gali No. 15,
       Guru Nanak Nagar, Near Gurbax Colony,
       Patiala, Punjab.

4.     Sdr. Harinderjeet Kaur
       W/o S. Gurmeet Singh
       R/o 38495, Aurora Road,
       Solon, Cleveland,
       Ohlo­44139 USA                    ..... Respondents




PC No. 61/18    Charanjeet Singh Vs State & Ors.       Page 1 of 6
 Date of institution of the case :  23.10.2018
Date reserved for judgment on :    10.11.2020
Date of pronouncement of judgment: 18.11.2020


                           JUDGMENT

1. This petition under Section 276/192 of the Indian Succession Act 1925, is for grant of letter of administration in respect of property of Sardar Sardul Singh ( hereinafter referred to 'the deceased') in favour of one of his son.

Brief facts are that the deceased had two sons namely, petitioner and respondent no. 2 and two daughters i.e. respondent nos. 3 & 4. He died on 23.02.2016 but before it, he had executed a will on 27.05.2015 in favour of petitioner and respondent nos. 2, 3 & 4 regarding his property. The deceased was owner of immovable property bearing no. D­220, Ist floor, West Patel Nagar, New Delhi­110008. He had some movable properties also. Vide that will the immovable property was bequeathed to petitioner and movable properties were bequeathed to respondent nos. 2 to 4. The will is stated to have been executed when he was in proper state of mind.

2. The notice of the petition was issued to State through Chief Secretary, Govt. of NCT and collector of PC No. 61/18 Charanjeet Singh Vs State & Ors. Page 2 of 6 the concerned area where the suit property was situated. The citation to the general public was published in the English daily newspaper "The Statesman" dated 22.01.2019 in response to which no public person filed any objection.

The Executive Magistrate, Patel Nagar filed valuation report of the property assessing to be of Rs.17,77,152/­ (Rupees Seventeen Lakh Seventy Seven Thousand One Hundred Fifty Two only).

3. No one appeared for respondent no. 2 despite service and hence he was proceeded ex­parte on 16.03.2020.

Respondent nos. 3 & 4 tendered no objection certificates­cum­affidavits saying that they had no objection if the court acted upon will dated 27.05.2015 of their father.

4. In order to prove the case, the petitioner examined three witnesses.

PW1 is petitioner himself and he mentioned in his affidavit in evidence Ex. PW­1/X which are finding place in the petition. He relied upon the following documents:

(i). Ex.PW1/1 (OSR) is the copy of his Aadhar card.

(ii). Ex.PW1/2 is the death Certificate of Late S. Sardul Singh.

(iii). Ex.PW1/3 (OSR) is copy of mutation letter dated 22.03.2005.

(iv). Ex.PW1/4 is certified copy of will dt. 08.04.1996.

(v). Ex.PW1/4A is certified copy of death certificate of Kartar Kaur.

(vi). Ex.PW1/5 (colly. 5 pages) are certified copy of title documents.

(vii). Ex.PW1/6 is will dated 27.05.2015.

(viii). Ex.PW1/7 is NOC­cum­affidavit executed by Smt. Harinderjeet Kaur.

(ix). Ex.PW1/8 is NOC­cum­affidavit executed by Smt. Paramjeet Kaur.

(x). Ex.PW1/9 is summons issued to S. Ranjeet Singh duly served.

(xi). Ex.PW1/A is copy of petition.

PW2 Sh. S.C. Verma and PW3 Sh. Nirmaljeet Singh are attesting witnesses to the will. They have been examined to prove that the will is valid, legal and was executed by the deceased when he was of sound mind. They deposed that the deceased had signed at point­A on will Ex.PW1/6 in their presence. PW2 deposed that he had signed at point­B on the will. PW3 deposed that she had signed at point­C on the will.

5. Execution of the will has been proved by PW2 and PW3 by deposing that the deceased had signed the will in PC No. 61/18 Charanjeet Singh Vs State & Ors. Page 4 of 6 their presence at points A on both pages. It is mentioned in the will that the testator had one immovable property and several movable properties. The immovable property i.e. suit property has been bequeathed to the petitioner and movable properties have been bequeathed to respondent nos. 2, 3 & 4. Death of Sardar Sardul Singh has been proved by his death certificate Ex.PW1/2 as per which he expired on 23.02.2016.

The testimony of PW1, PW2 and PW3 remained unrebuted and un­controverted. No public person filed any objection in response to the citation.

Sardar Sardul Singh had become owner of the suit property on the basis of will Ex.PW1/4 executed by his mother Smt. Kartar Kaur. The official of Land & Development office had issued letter Ex.PW1/3 in favour of Sardar Sardul Singh on 22.03.2005 to the effect that leasehold rights in suit property had been substituted in his name after death of his mother Kartar Kaur.

6. In view of above discussion, it is held that petitioner is entitled to letter of administration in respect of suit property bearing No. D­220, Ist floor, West Patel Nagar, New Delhi­110008 on furnishing court fees on the value of the suit property which has been assessed by the concerned executive Magistrate as Rs. 17,77,152/­.

7. Considering that the petitioner is the sole beneficiary with respect to the estate of the deceased in un­contested matter, relying upon the ratio of celebrated judgment of 'Sanjay Suri', this court exempts her from the requirement of submitting administration­cum­surety bond.

8. Further, the petitioner is directed to file the inventory of immovable property 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 Letters of Administration be completed within six months from the date of the judgment as per Section 290 & 291 read with Section 317 of Indian Succession Act.

9. Needless to emphasize, the question of title, share or ownership of immovable property mentioned hereinabove has not been decided by this Court. File be consigned to the Record Room.

Announced in the open court Today on 18.11.2020 (Umed Singh Grewal) Addl. District Judge­02 (West) Tis Hazari Courts, Delhi PC No. 61/18 Charanjeet Singh Vs State & Ors. Page 6 of 6