Vinod Kumar
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Transcript of Vinod Kumar
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
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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)
9
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