MALINI MATHRANI Vs. STATE

JUDGEMENT

(1.) This probate petition has been filed by petitioner no.1 claiming herself to be the executant of the registered Will dated 2nd February, 1993 executed by late Smt. Vidya A. Mathrani. In the petition it is averred that Smt.Vidya A.Mathrani (hereinafter referred to as Testatrix, for short) executed the aforesaid will dated 2nd February, 1993 which was duly registered in the Office of the Sub-Registrar at Delhi. The Testatrix died on 1st September ,1999. She left behind three married daughters Smt. Chandra Tolwani, wife of Shri J.P.Tolwani (respondent no.3). Smt. Shobha Agnihotri, wife of Shri G.M. Agnihotri (respondent no.2) and Smt. Rajni Karkhanis, wife of Shri Anil Karkhanis (petitioner no.2).

(2.) Smt. Vidya A. Mathrani, the deceased inherited the property bearing No.W-126A, Greater Kailash, Part 1, New Delhi- 110048, from her late husband and became the sole and absolute owner of the said property by virtue of succession on the basis of the Mill executed by her husband, late A.P.Mathrani who expired in Delhi on 6th February, 1992 and consequent to his death the said property was further transferred in the Municipal records of the deceased Testatrix Smt. Vidya A. Mathrani vide reference No.Tax/SZ/92/1797. The petitioner no.2 occasionally used to visit and stay with the Testatrix during her life time and actually till 1988 had stayed in the same house alongwith her family before shifting to her present accommodation in Alakananda, New Delhi. Since the petitioner no.2 used to visit her regularly, her belongings like clothes, books (as she is Reader in the Institute of Home Economics, Delhi) and other belongings of her husband and children are still lying in the said premises. Further, the movables, jewellery, expensive clothes, like sarees, etc., gift items, crystal wares belonging to the Testatrix are also lying in the house which the petitioner no.2 apprehends that the respondent no.2 has either tempered or taken charge.

(3.) The Testatrix was a permanent resident of Delhi. The reason for filing the present petition is stated in para 6 and 7 of the petition as per which upon the death of the Testatrix the copy of the will was forwarded by the petitioners to the respondents 2 and 3 with the expectation that. respondent no.2 would comply with the wishes of the Testatrix and vacate and hand over the vacant physical possession of the property bearing No.W-126A, Greater Kailash, Part-1, New Delhi to the executors. However, instead of doing so respondent no.2 sent legal notice through her lawyer alleging that Testatrix died into state. Respondent no.2 even filed suit for perpetual injunction in the Court of Civil Judge denying the rights of the executors and beneficiaries in the will. Therefore, the present petition was filed seeking grant of probate in respect of the will of the deceased Testatrix.