LAWS(DLH)-2019-3-187

C S AGGARWAL Vs. STATE

Decided On March 29, 2019
C S Aggarwal Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner is seeking letters of administration in respect of the will dated 02 nd August, 1988 of late Shanti Devi Aggarwal (hereinafter referred to as "Shanti Devi").

(2.) The petitioner instituted this petition on 22nd February, 1995 on the averments that Shanti Devi died at New Delhi on 04th January, 1995; Shanti Devi was the permanent resident of Delhi at the time of her death and she was staying at flat No.3, 4th floor, Jeevan Deep Building, Parliament Street, New Delhi-110001 at the time of her death; Shanti Devi executed her last will and testament dated 02nd August, 1988 duly registered with the Sub-Registrar as document No.5217 in Book No.3, Volume No.473 at pages 146 to 160 on 08th November, 1988; the husband of late Shanti Devi pre-deceased her and there were no class-I legal heir; Shanti Devi was the owner of the properties mentioned in the will; Shanti Devi bequeathed Rs.20,000/- to her domestic servant, Bidhi Chand and the balance estate to a charitable trust, Asa Ram Shanti Devi Memorial Charitable Trust of which H.L. Bedi and C.S. Aggarwal (the petitioner) shall be the first trustees; the petitioner is the executor of the will and is entitled to grant of the probate. The petitioner has placed on record the original death certificate of Shanti Devi; original will dated 02nd August, 1988 and the copy of the complaint dated 16th February, 1995 made to SHO, P.S. Parliament Street against certain relatives of late Shanti Devi.

(3.) Notice of this petition was issued to Jitender Aggarwal and Surinder Aggarwal (nephews of the husband of the late Shanti Devi) and Mr. Bidhi Chand (domestic servant of late Shanti Devi) on 02nd March, 1995. However, the summons were not served on them and vide order dated 16th April, 1996, this Court directed substituted service in pursuance to which the citation of this petition was published in the "Statesman" on 29th April, 1996.