LALIT KUMAR ARORA Vs THE STATE & ORS.
- Neutral2023:DHC:3763
Ratio decidendi
The rule this decision rests on
An uncontested testamentary petition for Letters of Administration with the Will annexed may be granted on evidence showing that: (1) the document is a genuine and duly executed Will; (2) the testator has died; (3) the attesting witnesses identify their signatures and those of the testator; and (4) due notice and publication procedures have been followed, without objection from heirs. Where the petitioner for Letters of Administration is the sole beneficiary under the Will, the requirement to furnish an administration bond or surety is dispensed with. Where a petition was originally filed for probate but the petitioner is not the named executor under Section 222 of the Indian Succession Act, 1925, an amendment to seek Letters of Administration with the Will annexed instead may be permitted in the interest of justice when the error occurred by inadvertence.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
an application under Order VI Rule 17 of Code of Civil Procedure, 1908 [“CPC”] for amendment of the petition. 2.
Although the application is not listed today, a copy has been
handed over in Court and is taken on Board. 3.
The Registry is directed to number the application.
4.
The application for amendment is necessitated by the fact that
the petition was originally filed for probate of the document dated
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22.02.2012 stated to be the Will of the petitioner’s father – Mr. Kherati Lal Arora, whereas the petitioner is not the executor named in the Will. As probate cannot be granted to the petitioner in view of Section 222 of the Indian Succession Act, 1925, the petitioner has filed the present application for an amendment to the effect that he be granted the Letters of Administration with the Will annexed. It is stated that the error has occurred by inadvertence. 5.
The testamentary proceedings are uncontested. It appears that
the evidence led by the parties is also adequate to dispose of the petition for Letters of Administration. 6.
In the interest of justice, and in view of the statements made in
the application, it is allowed and the amended petition filed therein is taken on record. 7.
The application stands disposed of.
TEST.CAS. 5/2022 1.
The present petition has been filed for Letters of Administration
in respect of a document dated 22.02.2012 stated to be the Will of the petitioner’s late father – Mr. Kherati Lal Arora. 2.
It is stated in the petition that Mr. Kherati Lal Arora died on
23.04.2021. The purported Will is a registered document. It is signed by the testator and by two witnesses namely, Mr. Tilak Gogia and Ms. Prerna Jain. There is no named executor stated in the Will. 3.
The petition states that the testator’s wife, Mrs. Urmila Rani had
predeceased him. Other than the plaintiff, the testator is survived by
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one son, Mr. Deepak Arora, and one daughter, Mrs. Renu Madan. A second son of the testator namely, Mr. Sunil Arora, also predeceased him. The wife and two daughters of late Mr. Sunil Arora namelyMrs. Poonam Arora, Ms. Pooja Arora, Ms. Priyanka Arora have been arrayed as respondents in the present petition. 4.
Notice was issued on 25.01.2022 and citations were also
directed to be published in an English newspaper and a Hindi newspaper. The respondent Nos. 2, 3, 4, 5 and 6, being the other heirs of the testator, were present before the learned Joint Registrar on 04.05.2022 and stated that they will file their affidavits of no objection. The affidavits were filed on behalf of the said respondents on 01.06.2022 and have been placed on record. No other objections have been received pursuant to publication of citations. 5.
The petitioner examined himself as PW-1 and one of the
attesting witnesses namely, Mr. Tilak Gogia as PW-2. 6.
The petitioner filed an affidavit dated 29.08.2022 by way of
examination-in-chief. He exhibited the death certificates of the testator, Mrs. Urmila Rani (wife of the testator) and Mr. Sunil Arora (predeceased son of the testator) [Ex.PW-1/1 and Ex.PW-1/2 respectively]. The documents demonstrate that Mrs. Urmila Rani died on 10.06.2019 and Mr. Sunil Arora died on 05.03.2015, prior to the date of death of the testator. 7.
The evidence adduced by the attesting witness, both by way of
affidavit and by way of oral evidence, makes it clear that he had singed the original Will in the presence of the testator and Ms. Prerna
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Jain, being the other attesting witness. The Will has been exhibited as Ex.PW-1/4. PW-2 has identified his own signature, as well as the signature of the other attesting witness and the signature and thumb impression of the testator. 8.
In these circumstances, I do not find any impediment to grant of
Letters of Administration with the Will annexed, in respect of the Will dated 22.02.2012 of Mr. Kherati Lal Arora. 9.
As the petitioner is the sole beneficiary under the Will,
following the judgments in Sanjay Suri vs. State1, Richa Pardeshi vs. State2, and Rajesh Sinha vs. State3, the requirement of furnishing an administration bond or surety is dispensed with. 10. The petition is disposed of with aforesaid directions.
PRATEEK JALAN, J MAY 26, 2023 ‘vp/udit’/
1
2003 SCC OnLine Del 966. 2012 SCC OnLine Del 2978. 3 2015 SCC OnLine Del 9264. 2
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