GEETIKA VERMA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 278 of the Hindu Succession Act, 1956 for grant of probate of the Will dated 14.10.1996 and Letters of Administration.

(2.) BRIEFLY stated the facts of the case are that the petitioner, Geetika Verma, is the niece of the deceased testatrix, Urmilla Devi Abbi, and also the executor of the Will dated 14.10.1996. The deceased testatrix was unmarried and professed Hindu religion. She was the sole and absolute owner of the suit property bearing Flat No.12 -A, Ground Floor, Category -LIG, DDA Flats, Tamoor Nagar, New Delhi -65, which was the self -acquired property. The deceased is stated to have been residing in the suit premises from the date of purchase till her demise. The learned counsel for the plaintiff has stated that the deceased executed and left a Will dated 14.10.1996 which was never revoked by her and by virtue of the said Will, the petitioner was appointed as the sole executor and the sole beneficiary of the Will and, therefore, the petitioner is entitled to the probate of the Will. It is further stated that the father of the deceased had three children, namely, Nirmala Devi, Urmila Devi Abbi & Surinder Abbi. It is stated that Nirmala Devi (sister of the deceased Urmila Devi Abbi) expired on 24.8.2010 leaving behind the petitioner as the only child/legal heir. The brother of the deceased is a permanent resident of Germany for the last 50 years and had no contact with the deceased or petitioner or any other family member. It is contended that the deceased had expired on 9.10.2012 issueless and bequeathed her self -acquired property in favour of the petitioner out of natural love and affection as she used to treat the petitioner as her own child.

(3.) NOTICE of the petition was issued to the State as well as to the Chief Revenue Controlling Authority. The valuation report in respect of the suit property was called for. The publication of citation in the English daily 'The Statesman ' and the Hindi daily 'Dainik Jagran ', Delhi edition as also in the overseas edition of 'The Statesman ' which has circulation in Germany, was also directed to be affected. The citation duly published has been received. The valuation report has also been filed by the State in respect of the suit property. The value of the property is shown to be Rs.20,49,810/ -. The valuation given by the learned SDM is accepted.