Shantanu Mehra And Ors. vs The State
2001 Latest Caselaw 1389 Del

Citation : 2001 Latest Caselaw 1389 Del
Judgement Date : 6 September, 2001

Delhi High Court

Shantanu Mehra And Ors. vs The State on 6 September, 2001

Author: V Aggarwal

Bench: V Aggarwal

ORDER

V.S. Aggarwal, J.

1. Shantanu Mehra and Nikhil Mehra, hereinafter described as the petitioners have filed the present petition under Section 276 of the Succession Act for grant of the probate certificate with respect to the Will dated 8th February, 1991 of Smt. Iqbal Kaur wife of late N S Bajaj.

2. The petitioners are the grandsons of Smt. Iqbal Kaur. It is alleged that she had expired on 10th December, 1996. She had executed a will dated 8th February, 1991. She died leaving behind five sons and two daughters. The present probate petition has been filed with respect to the properties i.e. Flat No. 1001, X Floor, Akash Deep Building, New Delhi and 1/3rd share in flat no. 109 situated in ECE House at 28/A Kasturba Gandhi Marg, New Delhi. By virtue of the Will it is asserted that the deceased had bequeathed her 1/3rd share of the property E/109, ECE House in favor of petitioner no. 2 Nikhil Mehra while the other flat in Akash Deep building has been bequeathed to petitioner no. 1 Shantanu Mehra.

3. Citation had been published and notices were issued to the other heirs. No objection has been filed by any of the said heirs. On the first occasion on behalf of respondent no. 1. (Balbir Singh) it had been stated that he would be filing certain objections but even the same were withdrawn on 22nd April, 1999.

4. In support of the claim and to prove the will the applicants have examined Rishi Kishan Mehra on 30th September, 1999. He stated that the deceased had executed the will Ex. PW 1/1 in his presence and he is one of the attesting witness.

5. In this process when there is no objection by the other heirs of the deceased and the will has been proved in favor of the petitioner, it must follow that petitioners are entitled to the probate with respect to the properties referred to above, namely:

Flat bearing No. 1001, X Floor, Akash Deep Building, New Delhi; and

1/3rd Share in flat no. 109, ECE House, 28/A Kasturba Gandhi Marg, New Delhi - 110001.

6. Probate shall only be issued only after the necessary court fees in terms of evaluation has been deposited.