RAJESH OHRI vs STATE & ORS.

FDR No.,"DATE

OF

STAR T","DATE

OF

MATUR

ITY","DEPOSI

T

AMOU

NT","MATUR

ITY

AMOU

NT","MODE

OF

OPERATI

ON","JOINT

HOLDER

NAME","NOMINA

TION

DE/37889 67,15.7.15,15.05.17,100000,-,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

DE/37889 50,15.7.15,15.05.17,100000,,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

DE/37789 80,11.6.15,11.04.17,184234,216974,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

DE/37789 22,15.6.15,15.04.17,150000,176657,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

DE/37788 98,15.6.15,15.04.17,128664,151529,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA","RAKESH

KAPOOR

DE/37214 32,20.2.15,20.12.16,223673,264535,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

DE/37199 76,14.2.15,14.12.16,174087,205890,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

DE/35881 12,03.4.14,03.02.16,300000,356601,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

1115015,06.07.15,05.06.17,40000,47002,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

11140112

5",02.07.14,02.07.16,60241,72685,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

11140078

6",26.05.14,26.05.16,200000,241314,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

11110121

2",02.05.11,02.05.16,30000,48563,"EITHER

OR

SURVIVO

R","SAVITRI

DEVI

VERMA",SUDESH OHRI

1114017 05.09.14 25.07.18 750000 904925 EITHER SAVITRI SUDESH OHRI

OR DEVI

SURVIVO VERMA

R

1115014 1115014 28.05.17 180000 211507 EITHER SAVITRI SUDESH OHRI

OR DEVI

SURVIVO VERMA

R

(f) FDR with State Bank of India, Bhikaji Cama Place, New Delhi, as under:- Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â

31810054 25.03.14 25.03.16 500000 500000 EITHER SAVITRI SUDESH OHRI

137 OR DEVI

SURVIVO VERMA

R",,,,,,,

I have reduced this Will in my sound mind and full senses, May God forbid if any dispute or claim of any kind arises amongst my legal heirs and my wife",,,,,,,

after my death and after my wife death in respect of this WILL, the same would be dealt as per the clauses of the WILL. This is my wish and desire that",,,,,,,

the Immovable & Moveable Property which stands in my name and joint names shall go after my death to my wife Savitri Devi Verma if she survives/is,,,,,,,

alive after my death. Otherwise if she expires before me then all the above mentioned Moveable/Immoveable property shall be divided amongst my two,,,,,,,

sons and two daughters as already mentioned above in equal shares after my death. I also declare that any further assets in addition to assets mentioned in,,,,,,,

the WILL in the form of moveable or immoveable assets which I may acquire during my life time shall be divided amongst my two sons and two,,,,,,,

daughters in equal shares. I also clarify and declare that my grand children from both sides i.e. children’s of my son Vijay Kumar Verma & Ajay,,,,,,,

Kumar Verma and children’s of my daughter Mrs. Rakesh Kapoor & Mrs. Sudesh Ohri shall have no right, claim, title or interest over my moveable",,,,,,,

and immoveable assets. The executants of this will would be Sh. Rakesh Ohri S/o Late Sh. Dharam Pal Ohri R/o 8/37, (G.F.) South Patel Nagar, New",,,,,,,

Delhi,,,,,,,

Sd/-,,,,,,,

Bhim Sen Verma,,,,,,,

 (Testator),,,,,,,

We, the following witnesses have witnessed this WILL in presence of Mr. Bhim Sen Verma, the contents of the same have been read over explained to",,,,,,,

him and he found the same as correct and we the witnesses have signed in the presence of each other and in the presence of Bhim Sain Verma on his,,,,,,,

instruction on .01.2016.,,,,,,,

Witness No. 1. Â sd/-,,,,,,,

 Sh. Rajiv Kapoor,,,,,,,

 S/o Sh. Ashok Kapoor,,,,,,,

 R/o. 6 Road No. 68,,,,,,,

Punbaji,,,,,,,

 Bagh West, ND",,,,,,,

 E.C. IX E0394312,,,,,,,

 W,,,,,,,

Witness No. 1. sd/-,,,,,,,

 Sh. Rajiv Kapoor,,,,,,,

 S/o Sh. Ashok Kapoor,,,,,,,

 R/o. 6 Road No. 68 Punbaji,,,,,,,

 Bagh West, ND",,,,,,,

  E.C. IX E0394312,,,,,,,

 Witness No. 2. sd/-,,,,,,,

Sh. Vardaan R Ohri,,,,,,,

 S/o. Sh. Rajesh Ohri,,,,,,,

 R/o. 8/37, GD Floor,",,,,,,,

 South Patel Nagar, ND",,,,,,,

 662614300845â€​,,,,,,,

3.It is stated that the deceased left behind six legal heirs, i.e. his wife (respondent no.2), two sons (respondent nos. 3 and 4) and two daughters",,,,,,,

(respondent nos. 5 and 6).,,,,,,,

4.Notice was issued on the present petition on 16th August, 2017. Citations were also directed to be issued, which came to be published in the English",,,,,,,

edition of the daily newspaper “The Statesmanâ€​ Delhi edition and “Jansattaâ€​ (Hindi) Delhi edition.,,,,,,,

5.Respondent nos. 2 to 6 have filed their „No Objections‟ supported by affidavits. The relevant portion of one such no objection affidavit filed by,,,,,,,

respondent no. 2 is reproduced hereinbelow:-,,,,,,,

“3. That I have no objection if the accompanying petition under Section 276 of the Indian Succession Act 1925, for grant of probate of the registered",,,,,,,

will dated 25th January, 2016, executed by my husband late Shri Bhim Sen Verma may be passed in favour of Petitioner herein being the executor of the",,,,,,,

said will in the present proceedings.â€​,,,,,,,

6.No objections have been received to the Will after publication of the citations. Notices were duly served on the State and the other respondents.,,,,,,,

Valuation reports have been filed by the State.,,,,,,,

7.Mr Rajesh Ohri, son in law of the testator has filed an affidavit by way of evidence and the said affidavit has been marked as Ex. PW1/X. It has been",,,,,,,

stated by the petitioner in his affidavit that the Testator was in a sound disposing mind at the time of signing the Will which was duly executed by him in,,,,,,,

the presence of the witnesses. It is further stated that the Testator expired on 13th November, 2016 at New Delhi leaving behind his last Will and",,,,,,,

testament dated 25th January, 2016. The petitioner has proved the original Death Certificate of the Testator as Ex.PW1/1.",,,,,,,

8.Mr. Rajiv Kapoor, attesting witness‟s statement has been recorded before the Joint Registrar on 07th May, 2018 and he has as deposed as under:-",,,,,,,

“The Will dated 25.01.2016 was executed by late Mr. Bhimsen Verma in my presence and in the presence of Mr. Vardaan R. Ohri. I say that at the,,,,,,,

time of execution of the Will, Mr. Bhimsen Verma was in sound mental condition and there was no limitation of whatsoever to execute the said Will. I",,,,,,,

identify my signature at on the Will date 25.01.2016 at point A. The Will is exhibited Ex. PW2/1. I further state Mr. Bhimsen Verma signed the Will at,,,,,,,

points X in my presence and in presence of Mr. Vardaan R. Ohri. I had seen both the persons writing and can identify their signatures. I further state,,,,,,,

after Mr. Bhimsen Verma signed the Will, I signed it after him. Thereafter Mr. Vardaan R. Ohri signed the Will at point B.â€​",,,,,,,

9.In view of the above, the Court is satisfied that the petitioner has succeeded in proving the testator Shri Bhim Sen Verma had executed the Will dated",,,,,,,

25th January, 2016 and the said Will was his last will and testament.",,,,,,,

10.Consequently, the present petition is allowed. The probate in respect of the Will dated 25th January, 2016 of the testator Shri Bhim Sen Verma 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.,,,,,,,