Delhi District Court
Sh. Murari Lal Goel vs Nct Of Delhi on 24 February, 2012
IN THE COURT OF SHRI MUKESH KUMAR GUPTA:
ADDITIONAL DISTRICT JUDGE06: CENTRAL: TIS HAZARI
COURT : DELHI
Petition No. : 20/11
1. Sh. Murari Lal Goel,
S/o Late Shri Prithee Ram,
2. Shri Ram Murti Goel,
S/o Late Shri Prthee Ram,
3. (i) Smt. Savitri Goel,
W/o Late Shri S.L. Goel.
(ii)Deepak Goel,
S/o Late Shri S.L. Goel.
(iii)Ms. Manju Gupta,
Late Shri S.L. Goel.
All R/o :
1772, Naiwala Lane,
53, Karol Bagh, New Delhi05.
4. Smt. Nirmal Goel,
W/o Late S.P. Goel.
R/o 1775, Naiwal Lane,
53, Karol Bagh,
New Delhi. ....Petitioners
Vs.
NCT of Delhi. ....Respondent
Date of institution of suit : 12.05.2011
Date of assignment to this Court: 03.01.2012
Date of hearing final argument : 08.02.2012
Date of Judgment : 24.02.2012
Appearance : Counsel Shri Jawahar Lal, Advocate for the
petitioner.
Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 1/15
JUDGEMENT
1. By way of present judgment, I shall conscientiously decide the petition u/s 276 of The Indian Succession Act, 1925, whereby which the petitioner herein has sought probate of Will dated 21.06.1978 in respect of 50% share in the estate of deceased Shyama Devi W/o late Shri Nand Lal in property bearing Municipal No. 17721776, Gali No. 53, Karol Bagh, New Delhi out of khasra No. 74445, Block No.1, Nai Wala admeasuring 111 square yards more particularly mentioned in schedule "A" annexed to the instant petition.
2. Eschewing prolix reference to the pleadings crystallizing the same, the petitioner herein are LR's of late Shri Prithee Ram who died on 13.05.1973. While petitioners No.1 and 2 are sons of late Shri Prithee Ram and petitioners No.3 (i), 3(ii), 3(iii) are the Widow, son and daughter respectively of late Shri Shyam Lal Goel, another son of Shri Prithee Ram who has allegedly expired on 26.06.2004, the petitioner No.4 is the widow of Shri Suraj Prakash Goel another son of late Shri Prithee Ram.
As per the case of the petitioner property bearing Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 2/15 municipal No. 177276, Naiwala Lane, 53, Karol Bagh out of khasra No. 744 admeasuring 111 square yards and another property ad measuring 111 square meter out of khasra No. 745, Block No.1, Naiwala was leased out to one Shri Prithee Ram and Smt. Shiama Devi vide registered lease deed No.461415 both dated 30.06.1964 executed by DDA in their favour.
The details of the property out of khasra No.744 and 745 mentioned aforesaid is more particularly stated as under: Property No.744 is bounded North : Road, East : Khasra No. 745, South : Gali.
West : Khasra No.743.
The property out of khasra No.745 is bounded
North: Road
East : Khasra No. 746,
South : Gali.
West : Khasra No.744.
It has been stated that initially one Shri Ram Gopal has two sons namely Prithee Ram and Shri Nand Lal. Shri Nand Lal expired in the year 1930 leaving behind her widow Smt. Shyama Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 3/15 Devi. It is further the case of the petitioner that Sh. Prithee Ram left for heavenly abode on 13.05.1973 at Delhi without leaving any Will. His wife Late Smt. Chameli Devi also died on 07.07.1987 at Delhi.
Sh. Prithee Ram left behind the following Legal Heirs. i. Son : Sh. Sham Lal Goel, who died on 26.06.2004 at Delhi leaving behind his widow Smt. Savitri Goel, Son Sh. Deepak Goel and daughter Ms. Manju Gupta.
ii. Son : Sh. Banwari Lal Goel died as Bachelor at Delhi on 31.12.2001.
iii. Son : Sh. Suraj Prakash died at Delhi on 16.10.1992 leaving behind his widow Smt. Nirmal Goel, son Sh. Sunil Goel, Daughter Smt. Anju Gupta and Daughter Smt. Sonal Aggarwal.
iv. Son : Sh. Ram Murti Goel v. Son : Sh. Murari Lal Goel vi. Daughter : Smt. Uma Devi w/o Late Sh. J. P. Gupta vii. Daughter : Smt. Shanti w/o Sh. S. P. Aggarwal It is further the case of the petitioner that Sh. Suraj Prakash Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 4/15 died on 16.10.1992 leaving behind the Legal Heirs namely Smt. Nirmal Goel (widow), Sh. Sunil Goel (son), Smt. Anju Gupta (daughter) and Smt. Sonal Aggarwal (daughter) i Sh. Sunil Goel (son), Smt. Anju Gupta and Smt. Sonal Aggarwal (daughters) of Late Sh. Suraj Prakash, executed a Deed of Relinquishment in favour of their mother Smt. Nirmal Goel, duly registered at Sl. No. 5828 in Addl. Book No. 1, Vol. No. 10608 dated 11.12.2002 in office of SubRegistrar, Delhi.
ii And thus, the share of Sh. Suraj Prakash (now deceased) fully devolved upon his widow Smt. Nirmal Goel. It is further the case of the petitioner that Smt. Uma Devi and Smt. Shanti Devi relinquished their shares in the aforesaid property in favour of their brothers Sh. Ram Murti Goel, Sh. Shyam Lal Goel, Sh.Murari Lal Goel and Bhabhi Smt. Nirmal Goel, vide a Relinquishment Deed Regd. at Sl. No. 340 in Addl. Book No. 1, Vol No. 10638, pages 119 to 121 dated 22.01.2003 in the office of Sub - Registrar, Delhi. It is further the case of the petitioner that Sh. Shyam Lal Goel expired on 26.0.04 at Delhi leaving behind the following Legal Heirs, namely :
i. Smt. Savitri Goel (wife) Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 5/15 ii. Sh. Deepak Goel (son) iii. Ms. Manju Gupta (Daughter) Thus, the share of Sh. Shyam lal goel devolved upon the above named three legal heirs equally.
It is further the case of the petitioner that Sh. Banwari Lal Goel, was bachelor and he expired on 31.12.2001 at Delhi and thus his share in the properties aforesaid devolved upon other legal heirs named hereinafter. It is further the case of the petitioner that the 50 % shares in the aforesaid properties of Sh. Prithee Ram fell to the joint ownership of S/Sh. Ram Murti Goel (1/4th Share), Murari Lal Goel (1/4th Share), Nirmal Goel (1/4th Share) and 1/4th share jointly to Smt. Savitri Goel, Deepak Goel and Ms. Manju Goel. It is further the case of the petitioner that Late Smt. Shama Devi died on 23.04.1979 at Delhi, having no child. Her parents had expired long back and earlier to her death. She was being looked after and maintained jointly by the petitioners above named. As per her last Will made by her on 21.06.1978 before the relations and friends, she had bequeathed her 50% shares in the aforesaid properties unto the five sons of Late Sh. Prithvi Ram only and nothing to any parental relations of her. It is further the case of the petitioner that since Shyam Lal Goel died on 26.06.2004 leaving behind his widow Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 6/15 Smt. Savitri Goel, son Sh. Deepak Goel and D/o Ms. Manju Gupta, Sh. Banwari Lal Goel died as Bachelor on 31.12.2001 and Sh. Suraj Prakash died on 16.10.1992 leaving behind his widow Smt. Nirmal Goel, whose son and daughters relinquished their rights in her favour, so ultimately the said property has devolved upon the petitioners above named jointly. It has been stated that at the time of death, the testatrix used to reside at Delhi and the estate behind by her is also situated within the jurisdiction of the Court.
The petitioner has prayed for grant of probate in respect of Will dated 21.06.1978 of the testatrix Smt. Shyama Devi.
3. After the petition was filed, notice of same was issued to the Collector of the State and the near relations of the deceased, besides citation to the general public was directed to be issued in the daily newspaper "Veer Arjun" as also directed to be displayed on the notice board of the Court.
4. The publication of the citation was effected in the newspaper "Veer Arjun " dated 01.06.2011. However, no Objections were raised by anyone from the public or near relations of the testatrix despite such publication. Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 7/15
5. In order to prove its case, the petitioner got examined petitioner No.1 Shri Murari Lal Goel as PW1 who has reiterated the contents of the petition on oath and has filed his affidavit by way of evidence on record which got exhibited as Ex.PW1/A. The witness also got exhibited the copy of lease deed No. 4615 and 4614 both dated 30.06.1994 as Ex.PW1/1 (OSR) and Ex.PW1/2 (OSR) respectively. The death certificate of Shri Prithree Ram died on 13.05.1973 got exhibited on record as Ex.PW1/3. The death certificate of his wife Smt. Chameli Devi, died on 07.07.1987 got exhibited as Ex.PW1/4. Similarly, the death certificate of one of the son Shri Suraj Prakash who died on 16.10.1992 got exhibited on record as Ex.PW1/5, the copy of relinquishment deed executed by Shri Sunil Goel, Smt. Anju Gupta and Smt. Sonal Aggarwal, son and daughters of late Shri Suraj Prakash Goel in favour of their mother Nirmal Goel duly registered at serial No. 5828 in additional book No.1, Vol. 10608 dated 11.12.2002 with the SubRegistrar, Delhi got exhibited on record as Ex.PW1/6. The relinquishment deed executed by Smt. Uma Devi ad Smt. Shanti Devi, both daughters of Shri Prithee Ram executed in favour of Shri Ram Murti Goel, Shri Shyam Lal Goel, Shri Murari Lal Goel and Smt. Nirmal Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 8/15 Goel w/o of late Shri Suraj Prakash duly registered with the Sub Registrar, Delhi at serial No.340 in Additional book No.1, Vol. No. 10638 pages 119 to 121 dated 22.01.2003 got exhibited on record as Ex.PW1/7. The death certificate of Shri Shyam Lal Goel, one of the son of late Shri Prithee Lal got exhibited on record as Ex.PW1/8. The death certificate of Shri Banwari Lal Goel another son of deceased Prithee Ram who has allegedly expired on 31.12.2001 got exhibited on record as Ex.PW1/9 and that of Smt. Shama Devi who expired on 23.04.1979 got exhibited on record as Ex.PW1/10. The witness also exhibited the photocopy of the original Will executed by testatrix on 21.06.1978 as Ex.PW1/11, the copy of extension of lease deed by the DDA dated 08.05.1964 and 11.05.1964 in respect of property No. 744 and 745 got exhibited on record as Ex.PW1/12 (OSR) and 12A (OSR) respectively. The photocopy of election "I" Card showing the proof of residence of petitioner No.1 got exhibited on record as Ex. PW1/13 (i), petitioner No.2, Petitioner No.3(iii) got exhibited on record as Ex.PW1/13 to 17 respectively. The photocopy of passport in respect of petitioner No.4 got exhibited on record as Ex.PW1/18. The witness has also mentioned in affidavit Ex.PW1/A regarding some valuation report in respect of property as Ex. Ex.PW1/18 again, however, document not exhibited Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 9/15 on record in accordance with law. The witness has stated that the petition is correct and is liable to be awarded as prayed for.
6. The petitioner further got examined Shri S..P. Aggarwal S/o Late Shri Chajju Ram one of the attesting witness of the Will dated 21.06.1978 of the testatrix Shyama Devi. The witness has duly supported the case of the petitioner and got exhibited all the original Will executed by Testatrix on 21.06.1978 as Ex.PW2/A. The witness has stated that he was one of the attesting witness who has seen the testatrix Shyama Devi executing the Will on 21.06.1978. Besides the other attesting witness Ashok Kumar Aggarwal who has signed at point "B". The witness has further stated that the Will was got drafted and typed by Shri Ashok Kumar Aggarwal who was a closed friend of him. He has further stated that he being sonin law of late Shri Prithee Ram was requested by Smt. Shyama Devi his sisterinlaw to get the Will drafted and executed. The witness has further stated that at the time of execution of Will the testatrix Smt. Shyama Devi was in good disposing mind and was not influenced, under pressure, and coercion and free will.
7. Petitioner finally got examined Shri Ashok Kumar Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 10/15 Aggarwal S/o Late Shri Lal Chand Aggarwal, the other attesting witness of Will dated 21.6.1978 as PW3. The witness has deposed on the similar lines on that of PW2 as stated that in affidavit filed on record Ex.PW3/1 that he was approached by testatrix Shyama Devi alongwith his closed friend Shri S.P. Aggarwal for execution of subject Will. The witness has stated that upon her instructions, he alongwith the aforesaid S.P. Aggarwal got prepared the Will dated 21.06.1978. The contents of which was duly explained alongwith the intents thereof to the executant Shyama Devi who had also fully understood the same. The witness has further deposed that he has signed the Will dated 21.06.1978 at point "B". No other witness was examined by the petitioner and vide order date 03.11.2011 of Ld. Predecessor of this court, the evidence of the plaintiff was closed.
8. I have heard Ld. Counsel for the petitioner and perused the entire record including the pleadings, documents and the testimony of witnesses examined on record.
9. Section 2(h) of The Indian Succession Act describes the Will to be a legal declaration of the intention of the testator with Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 11/15 respect to his property, which he desires to be carried into effect after his death and as such Will is the only document, which becomes executable after the death of its executor. The person, who produces the Will before the Court or propounds the same and wants the court to rely thereupon, has to prove that :
1. Will in question is a legal declaration of the intention of the deceased.
2. The testator, while executing the will, was in the sound and disposing state of mind.
3. The testator has executed the Will of his own free will meaning thereby that he was a free agent when he executed the same.
Reliance placed on "AIR 1989 Gujarat 75 (DB) tilted as Vijaya Ben Vs. State". It is further a settled proposition of the law that no specific format of the Will or specific form of attestation is required. Reliance placed on "AIR 1998 Madhya Pradesh1 tilted as Chandan Vs. Longa Bai".
In nutshell, the propounder of the Will is required to prove not only the ingredients discussed above but also to take away any suspicious circumstances,if any surrounding the Will to the satisfaction of the conscience of the Court. Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 12/15
10. In the instant case, the petitioner by way of its witness have duly deposed on oath that testatrix Smt. Shyama Devi expired on 23.04.1979. The copy of the death certificate got exhibited on record as Ex.PW1/10. It has further shown on record by the testimony of PWs alongwith the documents that the Will Ex.PW2/1 dated 21.06.1978 was duly executed by testatrix in respect of her share in properties situated in 744745, Nai Wala, Karol Bagh, New Delhi in favour of all the 5 sons of late Shri Pirthee Ram. The Will dated 21.06.1978 Ex.PW2/1 was stated to have been executed in the presence of two attesting witness namely Shri S.P. Aggarwal and Shri Ashok Kumar Aggarwal who have also deposed on oath that the testatrix was in sound and disposing state of mind at the time of execution of the subject Will. PW3 in her deposition before the court has also stated that the Will was duly executed before him by the testatrix in good sound mind and he has also explained the contents thereof to the testatrix who has understood and confirmed the same at the time of execution of the Will. Section 68 of The Indian Evidence Act, 1872, lays down that if a document is required by law to be attested and the attesting witness is alive and subject to the process of the court capable of giving evidence, must Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 13/15 be called to prove its execution. Execution consists of signing a document read out, read over and understood and to go through the formalities necessary for validity for a legal act. The testimony of PW2 and PW3 have as such satisfied the yardstick of execution as required under section 68 of Indian Evidence Act.
11. Since the testimony of petitioner No.1 and the attesting witnesses PW2 and PW3 has remained unchallenged and un rebutted and the objections have not been filed by anybody interested in the properties of Shyam Devi as enumerated in schedule "A", the court has no reason to disbelieve the testimony of PWs recorded before the court and as such court is of the considered opinion that the petitioner has been able to satisfy the court about the valid execution of the Will dated 21.06.1978 Ex.PW2/A in question. The petition merits to be allowed and the same is accordingly allowed. The Will dated 21.06.1978 Ex.PW2/1 be probated in favour of petitioner and a letter of administration in respect of the share of deceased Shyama Dei W/o of late Nand Lal in respect of properties mentioned in schedule "A" more particularly described earlier be granted on furnishing necessary court fee, administration bond with one surety of equal amount of Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 14/15 valuation of property. Petition is accordingly allowed. File be consigned to Record Room after due completion.
(MUKESH KUMAR GUPTA)
DATED : 24.02.2012 ADJ - 06 (CENTRAL) / DELHI
ANNOUNCED IN THE OPEN COURT .(PK)
Petition No. :20/11 Shri Murari Lal & Ors. Vs. State 15/15