Satish Kumar Sud and Another vs State and Another

J.R. Midha, J.—This is a petition u/s 276 of the Indian Succession Act for grant of probate of the Will dated 25th October, 2008 of late Kishori Lal Sud who died on 24th December, 2009 leaving behind two sons, Satish Kumar Sud and Vijay Kumar Sud (the Petitioners) and one daughter, Suman Sud (Respondent No. 2).

Notice of this petition was given to Respondent No. 2 as well as the general public by means of a citation published in Statesman on 30th August, 2010. There is no opposition to the petition. Respondent No. 2, daughter of late Kishori Lal Sud has filed reply dated 14th September, 2010 in which she has admitted the Will dated 25th October, 2008 of her father and has given her no objection to the grant of probate to the Petitioners. Respondent No. 2 has also admitted the 7/16th share of each of the Petitioners in terms of the Will of her father. Respondent No. 2 has also admitted her share in the suit property to be 1/8th.

The deceased had 5/8th share in property bearing No. C-31, Kirti Nagar, New Delhi-110015 which was purchased by jointly late Kishori Lal Sud and his wife Savitri Sud vide sale deed dated 16th February, 1961. Savitri Sud died interstate on 20th April, 1989 whereupon her 1/2 share devolved equally upon her husband and three children. As such, late Kishori Lal Sud became owner of 5/8th share (1/2 + 1/8) and the three children became owner of 1/8th share of the suit property.

The Petitioners have examined three witnesses to prove the will of their father. Petitioner No. 1 appeared in the witness box as PW-1 whereas the two witnesses to the Will appeared as PW-2 and PW-3.

PW-1 Satish Kumar Sud deposed that her father late Kishori Lal Sud was the permanent resident of C-31, Kirti Nagar, New Delhi-110015 and he died on 24th December, 2009. The original death certificate was proved as Ex.PW1/1. PW-1 further deposed that his parents were the joint owners of the property bearing No. C-31, Kirti Nagar, New Delhi-110015 by virtue of sale deed dated 16th February, 1961 which was proved as Ex.PW1/2. Smt. Savitri Sud expired on 20th April, 1989 whereupon her 1/2 share devolved upon her husband and three children in equal shares. As a result, Kishori Lal Sud became owner of 5/8th share whereas the Petitioners and Respondent No. 2 became owner of 1/8th share each in the suit property. Late Kishori Lal Sud expired on 25th December, 2009 leaving behind Will dated 25th October, 2008 whereby his 5/8th share devolved upon Petitioners No. 1 and 2. The original Will dated 25th October, 2008 was proved as Ex.PW1/3.

PW-2 J.N. Rampal and PW-3 N.K. Narula deposed that they knew late Kishori Lal Sud and his family for a very long time. They further deposed that the deceased Kishori Lal Sud executed the Will in their presence and they signed the Will as witness in the presence of the deceased and presence of each other.

The notice of the petition was issued to the Chief Revenue Controlling Authority on 2nd August, 2010 in pursuance to which the valuation report has been received from the Tehsildar, Sub-Division, Rajouri Garden on 10th November, 2010.

On the basis of the evidence on record, this Court is satisfied that the Will Ex.PW1/3 is the last and valid testament of late Kishori Lal Sud and the Petitioners are entitled to the grant of probate of the said Will. Respondent No. 2 has given her no objection to the grant of probate.

The Petitioner has sought the dispensation of administration and security bonds in I.A. No. 7050/2011 on the ground that the Petitioners are the natural heirs of the deceased and are in possession of the suit property in terms of the Will of the deceased and Respondent No. 2 has given her no objection to the grant of probate. In the cases of Shambu P. Jaisinghani Vs. Kanayalal P. Jaisinghani and Others, this Court dispensed with the administration and security bonds on similar grounds. Following the aforesaid judgments, the requirement of administration and security bonds is dispensed with.

In the facts and circumstances of this case, petition is allowed and the probate of the Will dated 25th October, 2008 of late Kishori Lal Sud is directed to be issued to the Petitioners in respect of the estate of the deceased upon furnishing of requisite Court-fees by the Petitioners.