Chander Kanta Anand Foundation ... vs State And Ors.
2001 Latest Caselaw 1158 Del

JUDGMENT

V.S. Aggarwal, J.

1. Petitioner No.1 Chander Kanta Anand Foundation is alleged to be a charitable trust. Petitioner No.2 Dr.B.R.Anand is the elected Chairman of Petitioner No.1. They have filed the present petition under Section 276 of the Indian Successions Act for grant of the probate of Will dated 6.12.1998 of late Smt.Chander Kanta. It has further been pleaded that respondents No.2 to 5 are the legal heirs of deceased Chander Kanta. She had left and unregistered will dated 6.12.1998, whereby the entire assets have been converted into a charitable trust for benefit of medical research, medical relief etc. Petitioners claim that Petitioner No.1 should be granted probate of the Will of late Chander Kanta.

2. The citation was published in two daily newspapers. There was no objection field from the public. Respondents No.3 to 5, who are the children of the decreased, have filed their no objection.

3. In order to prove the Will of the decreased, the petitioned examined Dr.B.R.anand, A.W.1. He stated that he has brought the original resolution's copy, which is Ex.AW-1/1. He also produced death certificate of Chander Kanta. The witness added that the decreased had executed a Will Ex.AW-1/3 in his presence and he had signed as one of the attesting witnesses.

4. Dr.Sudha Salhan, A.W.2 also made a similar statement pertaining to the execution of the Will. She stated that the decreased had executed the Will Ex.AW-1/3 in her presence and she is one of the attesting witnesses.

5. These facts establish that the decreased, whose death certificate has been proved to be Ex.AW-1/2 had executed a valid Will in sound disposing mind bequeathing the property to the trust, which is petitioner No.1.

6. The valuation of the assets had been effected. In that view of the matter, it must be held that petitioner No.1 is entitled to the probate claimed. Order is made accordingly. It shall be issued only on payment of the required court fee, as per their valuation.