Shrutkeerti Mukerji vs The State And Another
2000 Latest Caselaw 345 Del

Citation : 2000 Latest Caselaw 345 Del
Judgement Date : 22 March, 2000

Delhi High Court

Shrutkeerti Mukerji vs The State And Another on 22 March, 2000

Equivalent citations: 2000 VAD Delhi 544, 86 (2000) DLT 116

Author: V Sen

Bench: V Sen

ORDER

Vikramajit Sen, J.

1. This probate petition pertains to the Estate of late Shri Prakash Chand Chopra, son of late Shri Badri Prasad Chopra, who expired on 20th December, 1995 at Dehradun. Late Shri Prakash Chand Chopra is stated to have been a permanent resident of B-104, Gulmohar Park, New Delhi, where he resided with his nephew, respondent No.2. He has executed a Will on 22nd May, 1986, and registered it with the Sub-Registrar of Assurances at Mussoori on 21st May, 1986. A copy of the Will has been filed with the petition and marked Annexure-B. Late Shri Prakash Chand Chopra is stated to have been a bachelor. He has left behind only one legal heir, namely petitioner No.2 who is his deceased sister's son. At the time of his death none of his other relatives were alive. Notice was served. Only Respondent No.2 has appeared but has not contested the petition. General citation was also published in the Statesmen Delhi Edition, dated 6th September, 1997.

2. The Will has been attested by two witnesses, namely, Shri S.K.Nagpal and Smt.Archna Rab. The Petitioner has been named as the Executor in this will. The entire estate has also been bequeathed to the petitioner. The Estate comprises of moveable assets of the value of Rs.4,98,061.61, as shows in Annexure-C.

3. There is no contest to the petition. It has been duly supported by an affidavit of the Petitioner, as well as an affidavit of Smt. Archna Rab. The latter has specifically deposed that the will was executed in her presence and in the presence of the other attesting witness.

4. I am satisfied that the will is genuine and has been proved satisfactorily. It had been registered with the Sub-Registrar of Assurances, Mussoori, there is no attending doubt as to its the genuiness. No subsequently executed will has been presented. In the circumstances the petition is allowed. I grant the probate to the Estate of the deceased in favour of Petitioner. Let the requisite stamp duty be paid within two weeks and the Probate be engrossed thereon and issued.

5. The petition stands disposed of.