Subhash Chopra And Anr. vs State
1989 Latest Caselaw 335 Del

JUDGMENT

Mahinder Narain, J.

(1) The petitioners Subhash Chopra and SunilChopra have filed this petition for obtaining probate of Will executed by their father Shri Avinash Chopra. being Will dated 23.5.1985. The Will dated23.5.1985 has been proved by the attesting witnesses, namely Kalyan SinghP.W. 2, and Ashok Chopra, Public Witness 3. Both the attesting witnesses have deposed about signing of the Will by the testator in their presence, and in the presence of the attesting witnesses as also in the presence of Dr. Harbans Lal.The witnesses have deposed that the testator was in sound disposing mind.

(2) In view of the testimony of attesting witnesses, the Will Ex. P. 2has been proved.

(3) After filing of the probate petition, citations were published in "The Hindustan Times", and notices were issued to the State through counsel for the State. Notices were also issued to the legal represented of the deceased namely, Smt. Sudha Chopra-widow; Smt. Renu Kapur-daughter; and Smt.Ayesha Davar-daughter.No objections were filed by any of the aforementioned persons to whom the notices were sent.

(4) I accordingly grant probate of the Will dated 23.5.1985 in favor of the petitioners. The petitioners will file the requisite accounts, and administer the estate in the manner in which the estate of the deceased is to be administered.

(5) This being a petition for grant of probate of a Will, section 291 of the Indian Succession Act, 1925 which applies only to Letters of Administration (which is not sought in the present proceedings), does not apply to the instant case.

(6) In view of the fact that the deceased was a Hindu and the probate is granted to natural heirs, I dispense with giving of the administration bond.

(7) The petition is disposed of.