LAWS(DLH)-2017-9-21

KIRAN NADAR Vs. STATE AND ORS.

Decided On September 11, 2017
Kiran Nadar Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) By the present petition, the petitioner seeks grant of probate/Letters of Administration on the basis of the Will in relation to the estate of Late Smt. Prem Mohini Tandan alias Mohini Tandan in favour of the petitioner and respondent Nos. 2 to 6

(2.) Briefly stated, the deceased, Smt. Prem Mohini Tandan alias Mohini Tandan, died on 25th December, 2015. The deceased is survived by following class-I heirs namely her daughter Kiran Nadar (petitioner), son Gokul Tandan (respondent No.2), daughter-in-law Ritu Tandan (respondent No.3), granddaughter Sagarika Tandan (respondent No. 4), grandson Zai Tandan (respondent No. 5) and granddaughter Roshni Nadar (respondent No.6). During the lifetime of the deceased, she made her last Will dated 14th June, 2008 and named the petitioner as the executor of the Will. An affidavit by way of evidence has been tendered by the petitioner Kiran Nadar (PW-1) vide Ex. PW-1/A. She also exhibited copy of death certificate of Smt. Prem Mohini Tandan alias Mohini Tandan issued by South Delhi Municipal Corporation as Ex. PW-1/1 and the Will executed by the deceased as Ex. PW-1/2. It is stated that by virtue of the Will, the deceased bequeathed all her assets both movable and immovable as set out in paragraphs 1 to 11 of the Will in favour of petitioner and respondent Nos. 2 to 6. The schedule of the properties (both movable and immovable) was exhibited as Ex.PW-1/3.

(3.) The valuation report by M/s. Ramesh Chandra and Associates in relation to immovable properties was exhibited as Ex.PW-1/6 and the valuation certificate by Purushotaman Bhutani and Co, Chartered Accountants with respect to movable property (shares) as Ex. PW-1/7.