Salim Lalvani v. State & Anr

ORDER

21.10.2010

¶1In this proceeding,the petitioner seeks a probate in respect of a Will dated

9.6.1993 of Late Ms. Mohini P. Lalwani (hereafter referred to as Testatrix). The Testatrix, according to the proceedings, expired on 12.06.2007.

¶2The petitionerhas filed the Will in original. The Testatrixapparentlyhad two childreni.e. the petitionerand the secondrespondent(Ms. Anjli P.Lalwani). The Will in questionrecites these facts and also the circumstancethat the Testatrixwas the sole and exclusive owner of A-1/149, Safdarjung Enclave, which is the subject matter of disposition;the Testatrixalso left behindsome movablepropertieswhich are listedin the scheduleto the Will, The petitionerhad initiallyallegedthat second respondentwas not cooperatingin securingthe probate even though she had been named as executrixand accordinglyapproachedthe Court. The petitionercontendsthat he is entitledto inherit 50% of the immovablepropertiesi.e. the groundfloor of the constructedportionon the property - which is borne out of the Will.

¶3The Will as indicatedearlier was made on 9.6.1993. It appears to have been attestedby one Dr. UrmilaBhushanand one Mr. C.J. Lalwani. It is contendedthat the said Shri Lalwaniis no longeralive. Duringthe courseproceedings,the petitionerhad soughtfor the examinationofthe survivingattestingwitnessDr. UrmilaBhushan. The Courthad grantedthe applicationand appointedaCommissionerfor this purpose. The Commissioner appointed by the Court Sliri Adarsh Priyadarshi conducted the proceedings on 14.08.2010 and proceeded to record the depositions of Dr. Urmila Bhushan. In her depositions, the said witness affirmed having witnessed the due executionofthe Will by the Testatrixon 9.6.1993 in her presence. The witness also mentionedabout having seen the attestationof the Will by the other person Shri C.J. Lalwaniand fUrther that both ofthem attestedthe Will in the presenceofthe Testatrix. The witness able to identifythe places where the Testatrixsignedthe Will. Similai-ly, she identifiedher signaturesand thoseof Shri C.J. Lalwani.

¶4Earlier,in the courseofthe proceedings,on 4.3.2009,this Courthad recordedthat ^e second respondentMs. Anjali P. Lalwani, the only other heir to the estate of the Testatrix had expressed her no objection through an affidavit and disposed of the application LA. No.9736/2007.

¶5Having regai'd to the above discussionand the materialson record, the Court is satisfiedthat the petitionerhas provedthe signingand executionofthe Will. PW-1 Ms. Ui-milaBhushanhas deposedas to the due executionofthe Will. The petitionerhas also placedon recordthe deathcertificateofthe Testatrix. The revenueauthority'svaluation report in respect of the suit propertyis also on record. In view of these, the Court is satisfiedthat the petitioneris entitledto probateof the said Will of Late Ms. Mohini P. Lalwanidated9.6.1993,subjectto his furnishingAdministrativeand suretybond. Listbeforethe JointRegistrar,for thispuipose,on 29"^November,2010. TEST.CAS.47/2007is allowedin the aboveterms. ^ s. ravindRXbhat, j OCTOBER 21,2010 ' /dh/ — A/

$-32 + % IN THE HIGH COURT OF DELHI AT NEW DELHI TEST.CAS. 47/2007 LA. No.3692/2010 SALIM LALVANI Through: Mr. Araitabh Chatm-vedi with Mr. Nildiil Srivastava, Advocates with' Mr. SaUm Lalwani, petitioner in person. versus ^3 Petitioner STATE & ANR. Through; None. Respondents COl^M: HON'BLE MR. JUSTICE S. RAVINDRA BHAT