Delhi District Court
Smt Nirmal Goel vs The State on 6 May, 2013
In the Court of Pawan Kumar Matto : Additional District Judge03 : East District :
Karkardooma Courts : Delhi.
Probate Case No. 18/12
ID No:02402C0092022012.
IN THE MATTER OF
Smt Nirmal Goel
w/o Shri Suresh Goel
r/o C299, 2nd floor,
Vivek Vihar, Delhi. .....Petitioner.
Versus
1. The State
Govt of NCT of Delhi.
2. Shri Chatturbhuj Goel
s/o late Shri Mai Ram Goel
3. Shri Ram Niwas Goel
s/o Shri Chatturbhuj Goel
Both r/o B120, Vivek Vihar,
Delhi.
4. Shri Ram Pratap Goel
s/o Shri Chatturbhuj Goel
r/o C299, Vivek Vihar,
Delhi.
5. Shri Shyam Lal Goel
S/o Shri Chatturbhuj Goel
r/o D87, S L F Ved Vihar,
Khajuri Pusta, Loni,
District Ghaziabad,UP.
6. Shri Satya Pal Goel
s/o Shri Chatturbhuj Goel
PC no: 18/12 Nirmal Goel vs The State & others 1 of 7
r/o E1015, Saraswati Vihar,
Delhi.
7. Shri Suresh Goel
s/o Shri Chatturbhuj Goel
r/o C299, 2nd Floor,
Vivek Vihar, Delhi.
8. Smt Bimla Gupta
w/o Shri Ved Prakash Gupta
r/o A281, Shastri Nagar,
Delhi.
9. Smt Kamlesh Gupta
w/o Shri Devi Sharan Gupta
r/o C45, VivekVihar,
Delhi.
10.Smt Neeru Garg
w/o Shri Ajay Garg
r/o A145, Vivek Vihar, Phase II,
Delhi. .....Respondents.
Date of Institution :30.03.2012
Reserved for order on :29.04.2013
Date of Decision : 06.05.2013
J U D G M E N T
Petition under section 276 of the Indian Succession Act, 1925
1. The Petitioner has filed the present petition for grant of probate with regard to WILL dated 18.2.2011, on the averments that the petitioner is the daughter in law of the deceased late Smt Chander Pati Goel and the respondent no.2 is the husband of the deceased Chanderpati, respondent no.3 to 7 are the sons and respondents no.8 to 10 are the daughters of the deceased Smt Chander Pati Goel and further stated that the deceased testatrix late Smt Chander Pati Goel w/o Shri Chatturbhuj Goel r/o B120, Vivek Vihar Delhi PC no: 18/12 Nirmal Goel vs The State & others 2 of 7 died on 23.2.2012 at Pushpanjali Medical Centre, A1415, Pushpanjali, Vikas Marg Extension, leaving behind her husband Shri Chatturbhuj Goel (respondent no.2), 5 sons (respondent no. 3 to 7) and 3 daughters(respondent no. 8 to 10) and during her life time, the testatrix late Smt Chander Pati Goel had executed WILL dated 18.2.2011 in favour of the petitioner regarding her an immovable property i.e.: "C299, 2nd floor, with its roof/terrace rights under the scheme namely Jhilmil Tahipur residential scheme situated at Vivek Vihar,Delhi95 fitted with an Electricity and sanitation"
2. It is further stated that as per the WILL dated 18.2.2011, late Smt Chanderpati Goel had bequeathed and given the above said immovable property to the petitioner, hence all the rights, deeds and tittles with regard to the said property have been transferred in favour of the petitioner and she has become the owner thereof since the testatrix had also stated that the petitioner will be fully empowered to get the above said property mutated/transferred in her name or in the name of any of her legal heirs as none of the legal heirs of the testatrix will raise any objection to this effect and if anybody else wil do so, then the same will be deemed as null and void.
3. It is further stated that the petitioner has been appointed by late Smt Chanderpati as sole beneficiary/executrix of her above said WILL. It is further stated that the said WILL was duly executed, prepared by Smt Chanderpati and the testatrix late Smt Chanderpati Goel had also put her thumb impression with her free will and consent and without any undue influence and force, illegal pressure, threat or compulsion or coercion, in her sound mind and in the presence of following witnesses who had also put their signatures over the said WILL: (1) Shri Chattur Bhuj Goel PC no: 18/12 Nirmal Goel vs The State & others 3 of 7 s/o late Shri Mairam Goel r/o B120,Vivek Vihar Delhi - 110 095.
(2) Shri Ram Niwas Goel s/o Shri Chattur Bhuj Goel r/o B120, Vivek Vihar, Delhi.
(3) Smt Nirmal Goel w/o Shri Ram Pratap Goel r/o C299, 2nd Floor, Vivek Vihar, Delhi - 110 095.
(4) Smt Neeru Garg w/o Shri Vijay Garg r/o A145,Vivek Vihar Phase II, Delhi - 110 095.
4. It is further stated that Late Smt Chanderpati Goel lived at Delhi, she also acquired the above said property in Delhi within the territorial jurisdiction on this court and the said WILL was also executed and duly notarized at Delhi and prayed for grant of the probate of the WILL dated 18.2.2011 in respect of the property bearing no. C299, 2nd Floor, Vivek Vihar, Delhi in favour of the petitioner.
5. The Notices of the petition were issued to the respondents. The respondent no.1 was served by way of publication of the notice in the newspaper Veer Arjun in its edition dated 7.5.2012, but despite of its service none had appeared on behalf of the respondent no. 1, so the respondent no. 1 was proceeded exparte.
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6. The respondent no. 2 to 10 were also served with the summons but since none has come present on behalf of the respondent no.2,3,4,5,6,8,9 and 10, so they were also proceeded exparte. The respondent no. 7 appeared in person and stated that he does not want to file the reply to the petition, so his right to file the written statement was closed and the matter was adjourned for the evidence of the petitioner.
7. The petitioner has examined herself as PW1, vide her affidavit Ex.PW/A and relied upon the original WILL executed by the deceased Smt Chanderpati in her favour Ex.PW1/B, original death certificate of deceased Smt Chanderpati Ex.PW1/C and photocopy of her ration card Ex.PW1/D(OSR).
8. The petitioner has also examined Smt Neeru Garg, who has tendered her evidence by way of affidavit Ex.PW2/A and stated that the WILL was executed in the name of the petitioner and further stated that the deceased Smt Chanderpati had put her thumb impression on the WILL Ex.PW1/B in her presence and further stated that the said WILL was executed by her mother Smt Chanderpati.
9. The petitioner has also examined Shri Ram Niwas Goel, as PW3, vide his affidavit Ex.PW3/A who has stated that he is the attesting witness of the WILL dated 18.2.2011 Ex.PW1/B, executed by his mother late Smt Chanderpati Goel in favour of the petitioner, who is the wife of his younger brother namely Shri Suresh Goel and further stated that the said WILL bears his thumb impression at pt.X and signature at pt. Y and further stated that he is the legal heir of the deceased late Smt Chanderpati Goel and he has no objection, if the probate is granted in favour of the petitioner and the petition is allowed.
10.I have heard the ld.counsel for the petitioner and perused the record.
11.The counsel for the petitioner has submitted that the petitioner has proved on record that deceased Smt Chander Pati Goel had executed a WILL dated 18.2.2011 Ex.PW1/B in PC no: 18/12 Nirmal Goel vs The State & others 5 of 7 her favour and the execution of the WILL has been proved by the attesting witnesses of the WILL namely Ms Neeru Garg PW2, Shri Ram Niwas Goel/respondent no.3 and prayed for grant of probate.
12.I have given thoughtful consideration to the submissions made by the counsel for the petitioner and respondent no.2 and perused the record.
13.From the perusal of the WILL executed by Smt Chanderpati Goel on dated 18.2.2011, it is clear that the deceased Smt Chanderpati Goel had bequeathed her above said immovable property in favour of her daughter in law/petitioner namely Smt Nirmal Goel and the petitioner has been appointed by late Smt Chanderpati, as sole beneficiary/executrix of her above said WILL and the said WILL was duly executed, prepared by late Smt Chanderpati Goel with her free will and consent and without any undue influence and without any compulsion or coercion in her sound mind and in the presence of witnesses, who had also put their signatures on the WILL.
14.From the testimonies of the petitioner, it is proved on the record that the petitioner is the daughter in law of the deceased Smt Chanderpati Goel, who died on dated 23.2.2012, leaving behind the petitioner and the respondent no. 2 to 10 and the respondent no.3 who is the attesting witness to the WILL dated 18.2.2011 Ex.PW1/B has also given the statement that his mother late Smt Chanderpati Goel had executed a WILL dated 18.2.2011 Ex.PW1/B in favour of the petitioner, who is the wife of his younger brother namely Shri Suresh Goel and the said WILL bear his thumb impression at pt.X and signature at pt. Y and he is legal heir of the deceased late Smt Chanderpati Goel.
15. The testimony of Petitioner and all other witnesses have gone unrebutted,uncontroverted, unchallanged and unimpeached . I have no ground to disbelieve the testimonies of the petitioner, as well as, her witnesses. Hence the testimonies of all three Pws are relied PC no: 18/12 Nirmal Goel vs The State & others 6 of 7 upon.
16.Consequently, it is held that the petitioner has been able to prove that the deceased Smt Chanderpati Goel had executed her last WILL dated 18.2.2011,in favour of the petitioner. Accordingly, the probate for the WILL dated 18.2.2011 is granted to the petitioner. Probate be issued to the petitioner in respect of the property bearing no. r/o C299, 2 nd Floor, Vivek Vihar Delhi, in the form set forth in the schedule VI of Indian Succession act, subject to the furnishing of requisite court fees on the basis of the valuation report to be issued by the concerned SDM and necessary bonds with one surety.
17.Accordingly, the petition stands allowed. It is clarified that the right, title or interest of the parties in the above mentioned property have not been decided by this court, as no title of the property is proved on the record. File be consigned to the record room.
Announced in the open court. (Pawan Kumar Matto)
On:06.05.2013. Additional District Judge03,
East District, KKD. Courts, Delhi.
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