Vinod Kumar

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1 IN THE COURT OF LEARNED DISTRICT JUDGE, FATEHABAD (HARYANA) Abhinav Bhargav alias Abhishek Bhargav son of Late Shri Anil Kumar Sharma son of Shri Narinder Kumar Sharma, resident of House No.1291, Sector 9, Ambala City. ………………………Petitioner VERSUS 1- General Public 2- Smt. Sunita Bhargav widow of Shri Anil Kumar Sharma and daughter of Shri N.K. Tiwari, resident of House No. 515, Police Line Area (PLA), Near Town Park, Hisar Second address: Lecturer in F.C. College for Women, Hisar, r/o H. No. 515, Police Line Area (PLA), Near Town Park, Hisar 3- Ms. Anu Meha Bhargav daughter of Late Shri Anil Kumar Sharma resident of House No. 515, Police Line Area (PLA), Near Town Park, Hisar 4- Smt. Jogindro Devi widow of Shri Narinder Kumar Sharma, resident of House No-1291, Sector 9, Ambala City. 5- The Principal, M.M. College, Fatehabad (Haryana) 6- The Director, Higher Education, Haryana, Panchkula. 7- The Estate Officer, HUDA Complex, Hisar …….........Respondents PETITION under Section 276 of the Indian Succession Act, 1925 for the Grant of Probate of the Will dated 13-06-2008

Transcript of Vinod Kumar

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IN THE COURT OF LEARNED DISTRICT JUDGE,

FATEHABAD (HARYANA)

Abhinav Bhargav alias Abhishek Bhargav son of Late Shri Anil

Kumar Sharma son of Shri Narinder Kumar Sharma, resident of

House No.1291, Sector 9, Ambala City.

………………………Petitioner

VERSUS

1- General Public

2- Smt. Sunita Bhargav widow of Shri Anil Kumar Sharma and

daughter of Shri N.K. Tiwari, resident of House No. 515,

Police Line Area (PLA), Near Town Park, Hisar Second

address: Lecturer in F.C. College for Women, Hisar, r/o H.

No. 515, Police Line Area (PLA), Near Town Park, Hisar

3- Ms. Anu Meha Bhargav daughter of Late Shri Anil Kumar

Sharma resident of House No. 515, Police Line Area (PLA),

Near Town Park, Hisar

4- Smt. Jogindro Devi widow of Shri Narinder Kumar Sharma,

resident of House No-1291, Sector 9, Ambala City.

5- The Principal, M.M. College, Fatehabad (Haryana)

6- The Director, Higher Education, Haryana, Panchkula.

7- The Estate Officer, HUDA Complex, Hisar

…….........Respondents

PETITION under Section 276 of the Indian Succession Act,

1925 for the Grant of Probate of the Will dated 13-06-2008

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Executed by Late Shri Anil Kumar Sharma son of Shri

Narinder Kumar Sharma, permanent resident of House No

1291, Sector 9, Ambala City and resident of House No

1, Professor Colony, Fatehabad and posted in M. M.

College, Fatehabad attested by witnesses Ram Gopal

Sharma and Sh Yadvinder Gupta, Advocate Ambala City,

at Ambala City in favour of the petitioner and got duly

registered with the Sub-Registrar, Ambala on 13-06-2008

Sir,

The petitioner submits as under

1- That the writing (Will) annexed herewith is the first

and last will dated 13-06- 2008 and testament of Late Shri Anil Kumar

Sharma son of Shri Narinder Kumar Sharma,

permanent resident of House No. 1291, Sector 9, Ambala City and

resident of House No. 1, Professor Colony, Fatehabad and posted in

M.M. College, Fatehabad who died in AIIMS Hospital, New Delhi on

11-07-2008. The said will was duly executed by the said deceased

Anil Kumar Sharma and was attested by Shri Ram Gopal Sharma and

Shri Yadvinder Gupta, Advocate, Ambala City and was got registered

from Sub-Registrar, Ambala

2- That the petitioner is the son of the testator and is the executor

named in the said will.

3- That the amount of assets which are likely to come in the

hands of the petitioner is Rs 4,87,000/- an account of which is given

in Schedule A and the amount of his liabilities is to be disclosed later

on which is described in Schedule B of the Annexed affidavit.

4- That the deceased Anil Kumar Sharma had left behind the

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following LRs

(i) Abhinav Bhargav – son - Petitioner

(ii) Smt. Sunita Bhargav - widow - respondent No. 2

(iii) Ms. Anu Meha Bhargav - daughter - respondent No. 3

(iv) Smt. Jogindro Devi wife of Shri Narinder Kumar Sharma

- mother, resident of House NO. 1291, Sector 9, Amba1a City

- respondent No.4

(V) Shrl Narinder Kumar Sharma - father resident of House

No. 1291, Sector 9,Ambala City (now deceased)

5- That the deceased Anil Kumar Sharma was employed as a

Lecturer in M.M.College, Fatehabad (Haryana). The respondents No.6

and 5 are/were the Controlling/implementing authori- ties of the

deceased - Anil Kumar Sharma, while in service to get the job

performed as per rules and regulations etc and the respondents No 5

and 6 are necessary parties who will disclose the death benefits i .e.

Pension GPF, GLIS, Gratuity and leave encashment amounts etc.

payable to the petitioner after the death of his father Shri Anil Kumar

Sharma as per Will dated 13-06-2008 ' Respondent No 7 is necessary

party who would disclose about the ownership of House No 515,

Police Line Area, Near Town Park, Hisar.

6- That the matrimonial life between Late Shri Anil Kumar

Sharma and Smt. Sunita Bhargav i.e. respondent NO 2 was not

harmonious Shri Anil Sharma had instituted a divorce petition against

respondent No .2 and respondent No .2 had also instituted petition for

judicial separation against late Shri Anil Kumar Sharma.

7- That the petitioner had instituted a Succession Case No. 2 of

2008 on 26-11-2008 in the court of District Judge, Ambala. The same

was dismissed vide judgement dated 8-6-2011 by Shri R.C. Dimri,

learned Additional District Judge, Ambala for want of territorial

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jurisdic- tion The said judgement was also upheld by the Hon'ble High

Court, Chandigarh

8- That as per knowledge of the petitioner no such other application has

been filed by any body in any court of law for probate of the said Will or for

letters of administration of the said properties.

9- That late Shri Anil Kumar Sharma was resident of Fatehabad and was

employed at M.M. College, Fatehabad and part of movable properties were

left by him at Fatehabad, therefore,

Civil Court at Fatehabad has territorial jurisdiction to entertain and try the

present petition.

10- That the requisite court fee stamp has been affixed on the present

petition. It is, therefore, prayed that the petition may kindly be accepted and

necessary Probate of the Will dated 13-06-2008 executed by Late Shri Anil

Kumar Sharma son of Shri Narinder Kumar Sharma, resident of House No. 1291,

Sector 9, Ambala City registered in the office of Sub- Registrar, Ambala on 13-

06-2008 may kindly be issued to favour of the petitioner regarding the properties

mentioned in Schedule A and B attached with this application in the interest of

justice and any other relief to which the petitioner is found entitled in law and

equity be also granted to the petitioner as per law.

VERIFICATION:

Verified that the contents of paras PETITONER

No.1 to 10 of my above application Abhinav Bhargav alias

are true and correct to be best of my Abhinav Bhargav son of

knowledge and belief. Late Shri Anil Kumar Sharma

son of Shri Narender Kumar

Sharma, r/o House no. 1291,

Sector 9, Ambala City.

Verified at FatehabadOn

THROUGH

Sh. M.R. Mehta, Advocate,

Hisar and

Sh Gulbahar Singh Retole, Advocate,

Fatehabad

I Ram Gopal Sharma, Advocate, Ambala city, one of the witnesses to the last will dated

13.6.2008 and testament of the testator mentioned in the above application declare that I was

present and saw the said Testator affixing his signature thereto.

Ram Gopal Sharma, Advocate,

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Ambala City.

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IN THE COURT OF LEARNED DISTRICT JUDGE, FATE

HABAD (HARYANA)

Abhinav Bhargav alias abhishek bhargav

……………… Petitioner

VERSUS

General Public and other ...………….... Respondents

APPLICATION under Section 276 of

The Indian Succession Act, 1925

SCHEDULE A

Valuation of the movable and immovable properties of deceased

Sh. Anil Kumar Sharma

Movable properties Amount

l. Saving Bank account No. Rs.2,52,000/- (Appx.

4460000400009007 with the

PNB, M.M. College, Fatehabad

(Haryana)

2. PPF a/c No.11117645380 Rs.35,000/(Appx.)Rs.

with the SBI, Fatehabad

3. Postal Life Insurance Policy Rs.2,00,000/-

No. HY/109041-CS--Death

claim amount, office of Chief

Postmaster General, Haryana

Circle, Ambala.

4. Payment of all other death To be disclosed by

benefits of the deceased, Anil respondents No. 5

Kumar Sharma i.e. Pension and 6.

GPF, GLIS, Gratuity and

leave encashment amounts etc.

payable to the petitioner.

IMMOVABLE PROPERTIES:

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5. 1/2 Share in House No. 515, Amount to be

Police Line Area (PLA), Hisar disclosed by

(Haryana) despondent No.2

PETITIONER

Abhinav Bhargav alias Abhishek

Bhargav

THROUGH

Sh. M.R. Mehta, Advocate, Hisar and Sh.Gulbahar Singh Retole,

Advocate, Fatehabad

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IN THE COURT OF LEARNED DISTRICT JUDGE, FATE

HABAD (HARYANA)

Abhinav Bhargav versus general public

APPLICATION under Section 276 of

The Indian Succession Act, 1925

SCHEDULE B

SCHEDULE OF DEBTS ETC.

1. Loan amount due to be paid To be disclosed by

by the deceased Anil Kumar to respondent No. 2.

the Oriental Bank of Commerce,

Hisar

2. Any other amount/property

Not subject to duty will be

disclosed later on as per

information received.

PETITIONER

Abhinav Bhargav alias Abhishek Bhargav

THROUGH

Sh. M.R. Mehta, Advocate, Hisar

And

Sh. Gulbahar Singh Retole,

Advocate, Fatehabad

IN THE COURT OF LEARNED DISTRICT JUDGE, FATE

HABAD (HARYANA)

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Abhinav Bhargav alias Abhishek Bhargav

…………………..Petitioner

VERSUS

General Public and others ...................Respondents

APPLICATION under Section 276 of the Indian

Succession Act, 1925

AFFIDAVIT:

I, Abhinav Bhargav alias Abhishek Bhargav son of Late Shri

Anil Kumar Sharma son of Shri Narinder Kumar Sharma, resident of

House No.1291, Sector 9, Ambala City, do hereby solemnly affirm

and declare as under:

1- That the deponent is the executor named in the Will dated 13-

06-2008 and is the son of the deceased Anil Kumar Sharma.

2- That the deponent has truly set-forth in Schedule A to this

affidavit, all the properties and credits with the knowledge of the

deponent of which the above named deceased Anil Kumar Sharma

died possessed or was entitled to at the time of his death and which

have come or likely to come in the hands of the deponent.

3- That the deponent has also truly set- forth in Schedule B

which the deponent as per law is allowed to deduct as may be

disclosed by respondent No. 2 regarding house loan in respect cf

House No. 515 PLA Hisar (Haryana) etc.

4- That the deponent undertakes to amend Schedule A regarding

any assets to be disclosed by the respondents No.6 and 5 later on on

account of death benefits of the deceased Anil Kumar Sharma i.e.

pension GPF, GLIS, Gratuity and leave encashment amounts etc.

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payable to the petitioner/deponent

Deponent

Verification:

Verified that the contents of paras No 1 to 4 of my above

affidavit are true and correct to the best of my knowledge and

nothing has been concealed and suppressed therein.

Verified at Fatehabad

On

Deponent