In a significant legal development, the Delhi High Court has granted Probate in the Estate of Late Tejinder Chawla. The judgment, highlighting the consent of the legal heirs including Mrs. Abha Chawla, Mr. Manu Chawla, and Ms. Kanika Chawla, sheds light on the valuation reports of various properties owned by the deceased. Let’s delve into the details of this case and understand the implications of the court’s decision.
Facts
- Late Shri Tejinder Chawla owned several properties including residential apartments, commercial units, and plots in Gurgaon and Faridabad, Haryana.
- The valuation reports of these properties were submitted by various authorities, with values ranging from Rs. 12,000 per square feet to Rs. 25,00,00,000.
- The legal heirs of Late Shri Tejinder Chawla, his wife Mrs. Abha Chawla, son Mr. Manu Chawla, and daughter Ms. Kanika Chawla, have given their consent for the grant of Probate for his will dated 18.07.2016.
- Mr. Nikhil Sehgal, the nephew and named executor in the will, filed the Petition seeking Probate under Section 276 of the Indian Succession Act, 1925.
Arguments
- Defendants Ms. Abha Chawla, Mr. Manu Chawla, and Ms. Kanika Chawla have reaffirmed their ‘No Objection’ to the grant of Probate through video-conferencing.
- They were not impleaded as respondents since they had already submitted their ‘No Objection’ before the filing of the petition.
- The petitioner seeks deletion of the TEST.CAS in view of the Tehsildar report.
- Learned counsel for the petitioner will file an amended memo to include the names of the wife, son, and daughter of the deceased Mr. Tejinder Chawla.
Analysis
- The Will of Late Tejinder Chawla, dated 18.07.2016, bequeaths all properties to his wife, Mrs. Abha Chawla.
- Testimony of attesting witness Mahesh Chander Bhalla authenticates the Will.
- Section 276(2)(a) of Indian Succession Act states petition can be filed where the Testator had a fixed abode.
- Will must be signed by witnesses in presence of testator; doesn’t require both witnesses to be present simultaneously.
- Requirements for valid execution of unprivileged wills include: signature/ mark of testator, attestation by two witnesses.
- Sec 63(c) of Indian Succession Act requires attestation by two witnesses; Sec 68 of Indian Evidence Act requires at least one attesting witness to be examined.
- Citations published in newspapers for any objections; no objections received.
- Properties listed in Will include residential apartments in Gurgaon and commercial units in shopping complex MGF Metropolis, Gurgaon.
- Petition unopposed by other legal heirs of deceased; No-objection received from non-beneficiary legal heirs.
- Valuation report of property in Karol Bagh submitted, along with details of equity shares and residential apartment in Gurgaon.
- Testimony of attesting witness Mahesh Chander Bhalla confirms authenticity of Will.
- Testator’s permanent address in Karol Bagh, though temporarily staying in Gurugram before death for medical treatment.
- Property in Faridabad removed from list as per petition.
- Other legal heirs submitted ‘No Objection’ through Affidavit.
Decision
- Probate to be issued in respect of the Will dated 18.07.2016.
- Listed before the Joint Registrar on 04.07.2024 for depositing of the Bonds.
- The petition is allowed as per the mentioned terms.
- Amended Petition filed is accepted.
- No objections raised against the grant of Probate in favor of the petitioner.
- Original Will to be submitted within 7 days.
- Petitioner to furnish Administrative Bond and one surety to the satisfaction of the Joint Registrar General of the court.
Case Title: SH. NIKHIL SEHGAL Vs. STATE (NCT OF DELHI) (2024:DHC:4150)
Case Number: TEST.CAS.-12/2018
