Lalit Kumar Arora (Petitioner) Vs. State and Others (Respondents)
(Test. Cas. 5/2022 or 2023 SCC OnLine Del 3201)
(BEFORE PRATEEK JALAN, J., delivered by PRATEEK JALAN, J.)
1. Amendment Application under Order VI Rule 17 of Civil Procedure Code, 1908:
Facts: The application under Order VI Rule 17 of Civil Procedure Code, 1908 for amendment of the petition has been filed by the petitioner, necessitated by the fact that the petition was originally filed for probate of the document 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.
Issue: Whether the application for amendment will be allowed by the court?
Advocates on behalf of counsel for petitioner: Mr. O.P. Gupta & Mr. Sanjeev Kumar, Advs.
Advocates on behalf of counsel for respondents: Mr. Divyam Nandrajog & Mr. Jatin Dua, Advs.
Held: The court disposed off the amendment application 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.
2. Testamentary case-TEST. CAS. 5/2022
Facts: 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.
Issue: Whether the petitioner will be granted letter of administration in respect of Will of the petitioner’s late father?
Arguments on behalf of counsel for petitioners:
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). 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.
Arguments on behalf of counsel for respondents:
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.
Held: The court disposed off the present petition, by allowing the grant of Letters of Administration with the Will annexed, in respect of the Will dated 22.02.2012 of Mr. Kherati Lal Arora, stating that, “as the petitioner is the sole beneficiary under the Will, following the judgments in Sanjay Suri v. State, Richa Pardeshi v. State, and Rajesh Sinha v. State, the requirement of furnishing an administration bond or surety is dispensed with.”
