TEST.CAS.--84/2018. Case: SMT. BHARATI SHARMA Vs. THE STATE & ORS.. High Court of Delhi (India)

Case NumberTEST.CAS.--84/2018
CitationNA
Judgement DateDecember 09, 2019
CourtHigh Court of Delhi (India)

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: December 09, 2019

+ TEST.CAS. 84/2018

SMT. BHARATI SHARMA

..... Petitioner Through: Mr. Jagdeep Singh Bakshi,

Mr.Abhishek Mohan and Mr. Amitesh Singh Bakshi, Advs.

versus

THE STATE & ORS.

..... Respondents Through: Mr. Anya Singh, Adv. for R-1 / State.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

J U D G M E N T

V. KAMESWAR RAO, J

  1. This is a petition filed by the petitioner under Section 276 of India Succession Act, with the following prayers:-

    “It is therefore, most respectfully prayed that this Hon'ble Court may most graciously be pleased to:

    a) Grant in favour of the Petitioner, Letters of Administration, with the WILL dated 30.12.2013 annexed thereto, in respect of the estate of the deceased, namely Smt. Susheela Ambike;

    a) Pass any other order in favour of the Petitioner as is deemed fit and proper by this Hon'ble Court.”

  2. In substance, the petitioner is seeking Letters of Administration, with the WILL dated December 30, 2013 in respect of the estate of the deceased, namely Smt. Susheela Ambike.

  3. It is the case of the petitioner that deceased Susheela Ambike was a Hindu. Her husband Late Lt. Col. Bhalchandra Narayan Ambike had died during her life time on April 08, 1993. That the only child of Susheela Ambike, a son, namely Ambike Mukund Bhalchandra had died a bachelor on November 16, 1978 in an air crash. It is the case of the petitioner that the said deceased Susheela Ambike left behind (i) Mrs. Vijaya Mulayrespondent No.2, who is her sister; (ii) Mrs. Suhasini Mulayrespondent No.3 (niece); (iii) Dr. Shree Mulay-respondent No.4 (niece) and (iv) Bharati Sharma (niece)- petitioner in the present petition. The petitioner certifies that to the best of her knowledge, the deceased did not leave behind any other legal heir except as stated above (Exh.PW3/C).

  4. It is the case of the petitioner that Susheela Ambike, the deceased during her life time executed her last Will dated December 30, 2013. The said Will was duly registered with the office of Sub-Registrar V, New Delhi as Document No. 1458 in Book No. 3, Vol. No 2,034 on pages 118 to 120 on December 31, 2013. The said Will in original is also filed along with the petition (PW 1/1).

  5. It is her case that the said registered Will dated December 30, 2013 was validly executed by Susheela Ambike when she was of sound disposing mind. It was executed voluntarily without any force, fraud or undue influence of any type whatsoever. The execution of the said Will dated December 30, 2013 was duly attested by the attesting witnesses namely Shri K. Gopala Krishnan, S/o Late Shri K.A.G. Menon, R/o 1st Floor, T Park

    Avenue, Maharani Bagh, New Delhi - 110065 and Ms...

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