Sujit Kumar Chaudhari vs State And Anr.
2001 Latest Caselaw 1211 Del

JUDGMENT

V.S. Aggarwal, J.

1. Dr. Sujit Kumar Chaudhuri has filed the present petition for grant of probate of the Will date 18th December, 1995 of N.C. Chaudhary. N.C. Chaudhary was the father of the appellant and respondent No. 2. He died on 11th December, 1996. It is alleged that during his life time Shri Nirmal Chandra Chaudhuri had executed his last will dated 18th December, 1995. The petitioner and respondent are stated to be the sole heirs and beneficiaries.

2. The deceased left behind two immovable properties, one in Calcutta and the other at New Delhi. During the life time of the deceased also respondent No. 2 was residing in Calcutta while petitioner was residing in New Delhi. The petitioner seeks grant of probate of the will in favor of the petitioner and respondent thereof besides with respect to saving bank account which was jointly held by petitioner and respondent No. 2 and the fixed deposit receipts which have been detailed with the petition.

3. Notice was issued to the Chief Revenue Controlling Authority and also to general public by publication in the Statesman. There were no objections filed by any person.

4. Respondent No. 2 had filed reply and had no objection if probate of the will is granted to the applicant.

5. In support of his claim the petitioner had filed his affidavit to prove the Will of the deceased PW 1/2 and have sworn an affidavit that it bears the signature of the testator on both the pages. Duly supported is the statement by the affidavit of Dr. S.C. Basu who has also sworn an affidavit that the deceased had executed the Will referred to above and has placed his signatures after understanding the contents thereof. Dr. S.C. Basu is one of the attesting witnesses of the same.

6. Perusal of the same shows that so far as the house at Delhi is concerned it had been bequeathed to the petitioner while the house at Calcutta has been bequeathed to respondent No. 2. With respect to the money in the banks the division has been effected in the following manner:-

I give devise and bequeath as under money sin the following banks at New Delhi:

i) To my sons equally:

(a) Savings bank account No. 286/1023 with United Bank of India, Chittranjan Park.

(b) Saving Bank Account No. 2220 with Punjab National Bank, Greater Kailash I.

(c) Savings bank account No. 3/99 with State Bank of India, Greater Kailash I

ii) To my son Suhrit

Savings bank account No. 12578 with Central Bank of India, Kalkaji.

iii) To my Son Sujit:

Savings Bank Account No. 102357 with State Bank of India, Main Branch

I give devise and bequeath the following Fixed Deposits at New Delhi as under:

i) To my sons equally:

FDR NO. QVQ 38 4978 A/c No. 2194 with Punjab National Bank, Greater Kailash I.

ii) To my son Surhit:

a) MID No. 998737 with Central Bank of India, Kalkaji.

b) MMDC/1 No. 205010 with Central Bank of India, Kalkaji.

c) TD/A25 197343 with State Bank of India, Greater Kailash

d) TD/A25 197321 with State Bank of India, Greater Kailash

iii) To my son Sujit:

a) TD/A19 242055 with State Bank of India, Main Branch

b) TD/A20 631908 with State Bank of India, Main Branch

c) TD/A25 197342 with State Bank of India, Greater Kailash I.

d) TD/A25 197322 with State Bank of India, Greater Kailash I.

7. Since the Will has been proved and there is no objection, it is directed that petitioner is entitled to the grant of probate of the Will of 18th December, 1995, which shall be done on the payment of the requisite court fees as per the market value that has been assessed.