Smt. Vaishali Kapur v. Santosh Nayar & Ors

RAJIV SAHAI ENDLAW, J. SEPTEMBER 23, 2019 'bs'.. (corrected & released on 5th November, 2019)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23rd September, 2019. + TEST CAS No.74/2018 SANTOSH NAYAR ..... Petitioner Through: Mr. Manoj Chauhan & Ms. Babita, Advs. Versus STATE & ORS. ..... Respondents Through: Mr. M.A. Khan and Mohd. Jaid, Advs. for R-4 with R-4 in person. AND + CS(OS) 212/2019 VAISHALI KAPUR ..... Plaintiff Through: Mr. Manoj Chauhan & Ms. Babita, Advs. Versus SANTOSH NAYAR & ORS. ..... Respondents Through: Mr. M.A. Khan and Mohd. Jaid, Advs. for R-4 with R-4 in person. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. Test.Cas. No.74/2018 has been filed by the widow of the deceased Satyapal Nayar, son of late Bishan Das, resident of property No.B-54, Sarvodaya Enclave, New Delhi-110017, seeking Letters of Administration on the basis of the document dated 7th June, 2006 stated to be the validly executed last Will of the deceased Satyapal Nayar. 2. The petition was entertained and notice thereof issued to the close relatives and citation thereof also ordered to be published. 3. Of the near relatives of the deceased Satyapal Nayar disclosed in the petition as respondents No.2 to 4, respondent No.2 Ravinder Nayar, son of the deceased Satyapal Nayar and respondent No.3 Amita Mehta, daughter of the deceased Satyapal Nayar, have filed their no objection, admitting the document dated 7th June, 2006 to be the validly executed last Will of deceased Satyapal Nayar. Only the respondent No.4 Vaishali Kapur @ Sangeeta Kapur has filed objections to the grant of Letters of Administration on the basis of document dated 7th June, 2006 and to which objections reply has been filed by the petitioner. No rejoinder to the said reply has been filed by the objector/respondent No.4 Vaishali Kapur. 4. The said objector/respondent No.4 Vaishali Kapur, besides filing objections aforesaid, also instituted CS(OS) No.212/2019 seeking partition of property No.B-54, Sarvodaya Enclave, New Delhi of the deceased Satyapal Nayar, claiming 1/4th share therein on the premise of the deceased Satyapal Nayar having died intestate. 5. Both proceedings came up before this Court on 2nd May, 2019, when finding the suit to have been instituted after the Test.Cas. and further finding both proceedings to be entailing only the question of validity of the document dated 7th June, 2006 as the validly executed last Will of the deceased Satyapal Nayar, the need to keep the suit proceedings pending was not felt and it was ordered that in the event of the Test.Cas. failing, a preliminary decree for partition of the property declaring the widow, son and two daughters of the deceased Satyapal Nayar to be having 1/4th undivided share in the property would stand passed and conversely in the event of the Test.Cas. being allowed, the suit shall stand dismissed. The drawing up of the decree/preliminary decree for partition in the suit was deferred till the decision of the Test.Cas. 6. As far as Test.Cas. No.74/2018 is concerned, the following issues were framed on 2nd May, 2019 itself: "(i) Whether the document dated 7th June, 2006 is the validly executed last Will of Late Satyapal Nayar? OPP (ii) Relief." and the parties relegated to evidence on commission. 7. The proceedings have been listed on recording of evidence on commission having been concluded. 8. The counsels have been heard. Since passing of a decree in the suit aforesaid is also dependent upon the outcome of the Test.Cas., the file of the suit has also been requisitioned but is stated to be immediately not available. The suit file, on being found, be got listed today. 9. The document dated 7th June, 2006 subject matter of adjudication is as under: "WILL THIS WILL is executed at New Delhi on 7th date of June, 2006 by Satyapal Nayar s/o Late Bishan Das r/o B-54 (GF) Sarvodaya Enclave, New Delhi 110 017. That I am a Senior Citizen aged about 81 years. My family comprises of: i) my wife namely Mrs. Santosh Nayar ii) my only son namely Ravinder Nayar iii) my first daughter Ms. Amita Mehta iv)