Pradeep Kumar Vohra vs State & Ors.

Manmohan, J

Present petition has been filed under Section 276 of the Indian Succession Act for grant of probate of Will dated 23rd December, 1994 of deceased

Smt. Kanta Vohra, wife of late Sh. Sohan Lal Vohra.

In the petition it has been averred that the petitioner is the son of late Smt. Kanta Vohra, who expired on 22nd February, 2001 in New Delhi. The

deceased is stated to have executed a registered Will dated 23rd December, 1994, which was duly attested by Mr. Manohar Lal Arora and Mr. P.K.

Singh, Advocate. The Will dated 23rd December, 1994 executed by the deceased is reproduced hereinbelow:

“WILL

THIS IS THE FIRST AND LAST WILL AND TESTAMENT OF Smt. Kanta Vohra wife of Late Shri Sohan Lal Vohra resident of A-192,

Derawal Nagar, Delhi, made at Delhi, on this 23rd day of December, 1994.

Life is uncertain and evanescent nobody knows when one’s end may come, I, therefore, make this will in my perfect state of health and

sound disposing mind without the pressure or persuation of anybody.

THAT WHEREAS I am the absolute owner of a 21/2 storey building bearing No.A-192, area measuring 177.33 Sqare Yards situated in the

layout plan of Dera Ismail Khan Co-operative Housing Society presently known as Derawal Nagar, Delhi vide Conveyance Deed registered

as Document No.9871 in Additional Book No.I, Volume No.6669 on pages 55 to 57 dated 12.12.1994 with the office of the Sub-Registrar,

Sub-District No.I, Delhi.

I have the following legal heirs:-

Pardeep Kumar Vohra........ Son

Yogesh Kumar Vohra....... Son

Mrs. Kusum Amar W/o

 Shri Rajinder Kumar....... Daughter

Mrs. Sushma Malhotra W/o Sh. Krishan Lal Malhotra...... Daughter

Mrs. Anita Arora W/o. Shri M.L. Arora....... Daughter

Mrs. Sangeeta Sheel W/o. Shri Raman Kumar Sheel....... Daughter

Mrs. Madhu Joul W/o Shri Nishan Singh Joul...... Daughter

That all my daughters are happily married and I had sufficiently provided for them at the time of their marriages. Similarly, both of my sons

are happily married and settled and I had provided sufficiently at the time of their marriages.

That in my old age, my son, Shri Pardeep Kumar Vohra son of Shri Sohan Lal Vohra has served and looked after me very well. I am quite

happy from his services.

So long as I am alive I shall remain the absolute owner of the said property and after my death I hereby bequeath that the said entire

property bearing No.A-192, area measuring 177.33 Square Yards situated in the layout plan of Dera Ismail Khan Co-operative Housing

Society presently known as Derawal Nagar, Delhi, shall go and devolved upon my son Shri Pardeep Kumar Vohra exclusively.

My other sons and daughters or any other legal heir shall have no claim, right, title or interest in the abovesaid property and the same shall

vests upon Shri Pardeep Kumar Vohra.

Nobody should challenge this Will and if anybody does so the same should be treated as Null, Void, Ineffective and Inoperative. This will

embodying my last wishes should be given effect strictly in terms laid down herein.

IN WITNESS WHEREOF this Will is made at Delhi, on the day of the month and year first above written, in presence of the following

witnesses:-

WITNESSES:-

Sd/-

 (MANOHAR LAL ARORA)

 S/O Shri Madan Lal Arora Sd/-

 R/o. 17-A/32, East Punjabi

 TESTATRIXâ€​

 Bagh, New Delhi.

Notice in the present petition was issued on 21st October, 2016. Citation was also directed to be issued, which came to be published in the English

edition of the daily newspaper “The Statesman†and Hindi edition of daily newspaper “Jansattaâ€. The valuation report has also been filed by

the State.

The respondents, being respondent No.2 (younger son of the testatrix), respondent No.3’s son (since daughter of the testatrix has also expired

on 11th May, 2003) and respondent No.4 to 7 (daughters of testatrix) have all filed their No-Objection supported by an affidavit. No objections have

been received to the Will after publication of the citation.

Mr. Pradeep Kumar Vohra, son of the testatrix has filed an affidavit by way of evidence dated 09th October, 2017 and the said affidavit has been

marked as Ex.PW1/X. It has been stated by the petitioner in his affidavit that the petitioner has been made the sole executor in the Will and that the

Testatrix was in a sound state of mind and good health at the time of signing the Will which was duly executed by her in the presence of the

witnesses. It is further stated that the Testatrix expired on 22nd February, 2001 at New Delhi leaving behind her last will and testament dated 23rd

December, 1994. The petitioner has proved the Death Certificate of the Testatrix as Ex.PW1/3 and of respondent No.3 as Ex.PW1/6.

Mr. Manohar Lal Arora, second attesting witness has filed his affidavit dated 01st November, 2017 and exhibited as Ex.PW2/X. In the said

affidavit, he has deposed as under:-

“ii. I say that the aforesaid Will was executed by Late Smt. Kanta Vohra in my presence and in the presence of one more Witness i.e. Adv.

Sh. P.K. Singh and at that time the deceased late Smt. Kanta Vohra was having full knowledge and understanding of the contents of the

Will.

iii. I say that the deceased Smt. Kanta Vohra read and understood the contents of her said Will in vernacular and admitted before me the

correctness of the contents of the said Will.

iv. I say that the said Will bears my Signature as a Witness at point “Aâ€​ and the same may be Exhibited as Exb.PW2/1.

v. I say that the testator Late Smt. Kanta Vohra was in full sense and in good physical health at the time of executing the Will dated

23/12/1994.â€​

In view of the above, the Court is satisfied that the petitioner has succeeded in proving that the deceased Smt. Kanta Vohra had executed the Will

dated 23rd December, 1994 and the said Will was her last will and testament. Consequently, the present petition is allowed. The probate in respect of

the Will dated 23rd December, 1994 of deceased Smt. Kanta Vohra annexed thereto is granted in favour of the petitioner, subject to his furnishing the

requisite Court fee in terms of the latest valuation reports and submitting an administrative bond with one surety in accordance with law.