Kapil Khanna vs State And Ors.
1998 Latest Caselaw 982 Del

JUDGMENT

Dalveer Bhandari, J.

1. This is a petition under Section 276 of the Indian Succession Act, 1925 for die grant of Probate in respect of the Will of late Shri Gopal Chand Khanna.

2. Late Shri Gopal Chand Khanna died at New Delhi on 20th February, 1991. The late Shri Gopal Chand Khanna executed his last Will and testimony on 18th March, 1970, which was duly registered with the office of Sub Registrar. Upon filing of the petition, the necessary citation was issued in the daily English newspaper Statesman and notices were issued to the relations/L.Rs. the State and also to the Collector. In pursuance to the notices, the Collector has filed the valuation report but no objection has been filed by any of the respondents. The petitioner has accepted the valuation report.

The statement of D.M.Narang was recorded. He stated that the will was made in his presence and he had signed as a witness to the Will.

3. P.W.2, O.P. Ahuja has deposed that late Gopal Chand Khanna was his childhood friend. He had also signed the Will as a witness in the presence of PW-1, D.M. Narang. The statement of the petitioner was also recorded. He has stated in

his statement that his grand father late Gopal Chand Khanna had left the Will which is Ex. PW-1/1. He has prayed for the Probate of the Will.

4.1 have carefully considered the averments of this petition and perused the statements of PW-1, D.M. Narang, PW-2, O.P. Ahuja and PW-3, Kapil Khanna. On consideration of the totality of facts and circumstances, I direct that probate be granted in respect of the Will and testament dated 18th March, 1997 pertaining to the property at R-621, New Rajinder Nagar, New Delhi-110060, left behind by late Shri Gopal Chand Khanna, in favour of the petitioner subject to his furnishing of the requisite Court fee and necessary bond to the satisfaction of the Registrar of this Court.

5. This petition is allowed and accordingly disposed of.