Surat Vora vs The State & Ors.
1998 Latest Caselaw 620 Del

JUDGMENT

M.S.A. Siddiqui, J.

1. This is a petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of the Will dated 21st June, 1990 executed by late Major Vasudev Vora.

2. The petitioner is one of the sons of the testator (Major Vasudev Vora). The Will is stated to have been executed on 21st June, 1990. The testator Major Vasudev Vora died on 8th April, 1993. He left behind him surviving two sons and four daughters, namely, Sh. Surat Vora, (petitioner), Sh. Sunil Vora, Mrs, Veena Vohra, Ms. Manorma Malhotra, Ms. Achala Pahwa, Ms. Shashi Goswamy.

3. Citations were issued but no objection has been received against the Will dated 21st June, 1990. The Will dated 21st June, 1990 is as under:-

"This is the last Will and Testament of Major Vasudev Vora (Retd.), Resident of C-95, Greater Kailash-I, New Delhi.

I am in my full senses and my mental and physical faculties are completely functioning. There are no influence working on my mind which will blur my vision of thinking. However, I wish to make provisions for those who survive me.

I own a house situated at C-95, Greater Kailash-I, New Delhi. The house comprises 2 1/2 storeys, and the first floor, Barsati and two small rooms alongwith the staircase are occupied by me, my son Surat Vora and his family. Whereas the Ground Floor is rented out.

I leave this House in case of my death of my sons, Sunil Vora & Surat Vora, my wife having predeceased me.

The first floor of my house I leave to my elder son, Sunil Vora and the entire ground floor & Barsati to my son Surat Vora.

I have no other immovable property but I have some fixed deposit and investments with M/s Talbros Automotive Components Limited, Faridabad, National Savings Certificates (VI), Public Provident Fund besides bank accounts, A/c No. 7513 with Central Bank of India and A/c No. 7479 in State Bank of India in Greater Kailash-I. My daughters Mrs. Manorma Malhotra is the nominee of the Central Bank A/c. and another daughter Mrs. Achala Pahwa that of the State Bank A/c. After my death the balances of these cash assets, should be used for payment of death duties, if any, and the balance distributed equally between my four daughters i.e. Mrs. Shashi Goswamy, Mrs. Manorma Malhotra, Mrs. Veena Vohra and Mrs. Achala Pahwa.

Finally, I wish that after my death I should be cremated in the Electric crematorium and my ashes consigned to the Yamuna without the elaborate ceremony observed by way of Kirya etc.

sd/-

VASUDEV VORA"

4. In support of execution of Will two attesting witnesses, namely Brig. J.P. Sud and Mr. Anil Awasthy have been examined and the Will has been marked as Ex. P-1. The petitioner has also examined himself in support of his claim. On a consideration of the evidence of the said witnesses, I am satisfied that the Will Ex.P-1 was the last Will of the deceased Major Vasudev Vora who at the relevant time had a sound disposing state of mind. I am also satisfied that the Will Ex.P-1 has been duly and validly executed and attested and that it is the legal declaration of the intention of the testator with respect to the property which he desired to be carried into effect after his death.

5. For the foregoing reasons, the petition is allowed under Section 276 read with Section 289 of the Indian Succession Act and the Probate is granted of the Will dated 21st June, 1990 in the Form set forth in Schedule VI of the Indian Succession Act.