VANITA SARIN Vs. STATE OF DELHI COLLECTOR

JUDGEMENT

(1.) This is a petition under Section 278 of the Indian Succession Act, 1925 for grant of Letters of Administration with respect to the estate "of Mrs. Marjorie M. Behl, who died on 1/04/1999 at Delhi, on the basis of her'Will' dated 6/02/1998. The petitioner is the daughter of the testatrix and Dr.P.N.Behl, respondent No.2 is the husband of the testatrix. Apart from the husband of the deceased Mrs. Marjorie M. Behl, the only other legal heir is the petitioner.

(2.) Notice of the petition was issued to the Chief Controlling Authority as well as to the general public by means of publication in the leading newspaper "Statesman". Respondent No. 2 Dr. P.N.Behl, husband of the testatrix was served. He has filed reply to the petition stating therein that he has no objection if the Letters of Administration is granted in favour of the petitioner, who is his daughter. The respondent has in fact admitted the execution and contents of the 'Will' dated 6/02/1998 of his wife.

(3.) there was no opposition to the petition. Therefore, the petitioner's evidence was recorded. The petitioner was examined as Public Witness-1. Dr. P.N. Behl was examined as Public Witness-2. Mr. Paul Sarin was also examined as the witness of the petitioner. Public Witness-1 has stated that the testatrix has executed the 'Will' in her favour. She has also proved the signatures of her mother on the 'Will' at points 'A' and 'B' and has proved the 'Will' as exhibit Public Witness-1/1. She has also testified that her mother, the testatrix died on 1/04/1999. The death certificate has been proved as Exhibit Public Witness-1/2. She has also testified that the properties left by her mother are contained in Annexure-B to the petition and the same is Exhibit as Public Witness-1/3. She has proved her affidavit as Exhibit Public Witness-1/4. The petitioner has also placed on record the valuation reports of the immoveable properties. The additional affidavit was also filed by the petitioner regarding the valuation of the moveable properties i.e. Ambassador Car and fixed deposit in ANZ Grindlays Bank. Dr. P.N.Behl (Public Witness-2), who is the husband of the testatrix has also affirmed the testimony of the petitioner. He has testified that his wife had executed the 'Will' in favour of his daughter, the petitioner herein. He has also proved the signatures of his wife i.e. testatrix at points 'A' and 'B' on the 'Will' Exhibit Public Witness-1/1. He has categorically stated on oath that he has no objection if the Letters of Administration are granted in favour of his daughter, petitioner herein. To the same effect is the statement of Mr. Paul Sarin, husband of the petitioner and son-in-law of the testatrix. He has also proved the signatures of the testatrix and has deposed that she has signed the 'Will' in his presence and in the presence of the other attesting witness Mr. Abhijeet Chatterjee. He has also stated that he signed the 'Will' as an attesting witness in the presence of the testatrix. He has also deposed that the testatrix was of sound and disposing mind at the time of execution of the 'Will'.