Nandan Chopra vs.state and Ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1206900
CourtDelhi High Court
Decided OnJul-13-2017
AppellantNandan Chopra
RespondentState and Ors
Excerpt:
* + in the high court of delhi at new delhi date of decision: july 13, 2017 test.cas. 72/2016 nandan chopra ........ petitioner through: mr. atul sahi, advocate versus state and ors .....respondents through: mr.dinesh monga, advocate for respondent no.2 coram: hon'ble mr. justice sunil gaur % (oral) judgment... petitioner is one of legal heirs of late sh.vas dev chopra and executor of his will of 12th april, 2010. probate in respect of aforesaid will is sought by petitioner. the particulars of legal heirs of late sh. vas dev chopra are spelt out in paragraph no.3 of this petition. the other five legal heirs of late sh.vas dev chopra are the respondents no.2 to 6 in this petition and they were put to notice, but as per order of 18th april, 2017, they have been proceeded ex parte. however, mr. dinesh monga, advocate appears on behalf of respondent no.2, who is brother of petitioner. the schedule of immovable and movable assets of deceased is appended as annexure ‘a’ to this petition and annexure ‘b’ to this petition discloses that there are no liabilities left behind by deceased. test.cas. 72/2016 page 1 of 3... petitioner has filed his ex parte evidence by way of affidavit and has got examined mr. p.k. chopra and mr. s.r. vakati, who are the attesting witnesses to the aforesaid will, which is registered one. on 18th april, 2017, petitioner has also deposed before this court in support of his evidence. the said deposition of petitioner has been recorded in question- answer form on 18th april, 2017 and he has maintained that his relations with respondents are cordial and respondents have disclosed to him that they would not be contesting this petition for probate. learned counsel for respondent no.2 present in the court supports the stand of petitioner as recorded on 18th april, 2017. upon hearing and on perusal of this petition and the evidence on record, i find that the will (ex.pw1/b), which is sought to be got probated is registered one, and the attesting witnesses have deposed regarding the correctness of this will. photocopy of bank passbook in the name of testator with bank of baroda, kailash colony market, new delhi is already on record and its original has been shown to court and returned to petitioner’s counsel. the original title deed of the property in question and copy of fixed deposit receipt having principal amount of `5,13,210/- (with maturity amount of `5,55,054/-) have been shown to this court. learned counsel for petitioner submits that the keys of locker no.1038 maintained at bank of baroda, kailash colony, new delhi is with petitioner. in view of the unrebutted evidence led by petitioner, the will (ex.pw1/b) is probated in favour of petitioner in respect of entire immovable property at s-450a, greater kailash-i, new delhi-48 test.cas. 72/2016 page 2 of 3 comprising of ground floor, first floor and barsaati valued at `4,75,00,000/- approximately. letter of administration is also issued in favour of petitioner, who is the executor of this will (ex.pw1/b), in respect of movable property i.e. (i) savings in bank account maintained with bank of baroda, greater kailash branch and icici bank delhi alongwith savings at lajpat nagar post office, delhi; (ii) articles, if any, in locker no.1038 at bank of baroda, kailash colony branch, new delhi. this petition is accordingly allowed and stands disposed of. (sunil gaur) judge july13 2017 s test.cas. 72/2016 page 3 of 3
Judgment:

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: July 13, 2017 TEST.CAS. 72/2016 NANDAN CHOPRA ........ Petitioner

Through: Mr. Atul Sahi, Advocate versus STATE AND ORS .....Respondents Through: Mr.Dinesh Monga, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT... Petitioner

is one of legal heirs of late Sh.Vas Dev Chopra and Executor of his Will of 12th April, 2010. Probate in respect of aforesaid Will is sought by petitioner. The particulars of legal heirs of late Sh. Vas Dev Chopra are spelt out in paragraph No.3 of this petition. The other five legal heirs of late Sh.Vas Dev Chopra are the respondents No.2 to 6 in this petition and they were put to notice, but as per order of 18th April, 2017, they have been proceeded ex parte. However, Mr. Dinesh Monga, Advocate appears on behalf of respondent No.2, who is brother of petitioner. The schedule of immovable and movable assets of deceased is appended as Annexure ‘A’ to this petition and Annexure ‘B’ to this petition discloses that there are no liabilities left behind by deceased. TEST.CAS. 72/2016 Page 1 of 3... Petitioner

has filed his ex parte evidence by way of affidavit and has got examined Mr. P.K. Chopra and Mr. S.R. Vakati, who are the attesting witnesses to the aforesaid Will, which is registered one. On 18th April, 2017, petitioner has also deposed before this Court in support of his evidence. The said deposition of petitioner has been recorded in question- answer form on 18th April, 2017 and he has maintained that his relations with respondents are cordial and respondents have disclosed to him that they would not be contesting this petition for probate. Learned counsel for respondent No.2 present in the Court supports the stand of petitioner as recorded on 18th April, 2017. Upon hearing and on perusal of this petition and the evidence on record, I find that the Will (Ex.PW1/B), which is sought to be got probated is registered one, and the attesting witnesses have deposed regarding the correctness of this Will. Photocopy of bank Passbook in the name of testator with Bank of Baroda, Kailash Colony Market, New Delhi is already on record and its original has been shown to Court and returned to petitioner’s counsel. The original title deed of the property in question and copy of Fixed Deposit Receipt having principal amount of `5,13,210/- (with maturity amount of `5,55,054/-) have been shown to this Court. Learned counsel for petitioner submits that the keys of Locker No.1038 maintained at Bank of Baroda, Kailash Colony, New Delhi is with petitioner. In view of the unrebutted evidence led by petitioner, the Will (Ex.PW1/B) is probated in favour of petitioner in respect of entire immovable property at S-450A, Greater Kailash-I, New Delhi-48 TEST.CAS. 72/2016 Page 2 of 3 comprising of Ground Floor, First Floor and Barsaati valued at `4,75,00,000/- approximately. Letter of administration is also issued in favour of petitioner, who is the Executor of this Will (Ex.PW1/B), in respect of movable property i.e. (i) Savings in Bank Account maintained with Bank of Baroda, Greater Kailash Branch and ICICI Bank Delhi alongwith savings at Lajpat Nagar Post Office, Delhi; (ii) articles, if any, in Locker No.1038 at Bank of Baroda, Kailash Colony Branch, New Delhi. This petition is accordingly allowed and stands disposed of. (SUNIL GAUR) JUDGE JULY13 2017 s TEST.CAS. 72/2016 Page 3 of 3