Shri A.V. Rajan vs State And Ors.
2003 Latest Caselaw 1361 Del

JUDGMENT

B.N. Chaturvedi, J.

1. Shri A.V. Rajan, Executor, has made instant petition under Section 276 read with Section 300 of the Indian Succession Act for grant of probate and letters of administration in respect of properties mentioned in sub para (a) to prayer clause.

2. Shri. R. Bashyam s/o late A. Rangaswami resident of C-10/F, DDA flats, Munrika, New Delhi, executed a registered Will during his lifetime bequeathing his properties to his wife Smt. Kaushalya, Ms. Radha, daughter, Mr. B. Sampath, son and B. Jaganathan, son in the manner indicated in the Will. He died on 6th October, 2000 leaving behind the aforesaid beneficiaries as his legal heirs. The properties bequeathed consists of a constructed property (Flat No. C-10/F, DDA Flats, Munirka, New Delhi) and hares as detailed in Annexure 'A'. The properties bequeathed by late R. Basyam were his self acquired properties.

3. Notice of the petition was issued to the relatives of the testator as well as to the Chief Revenue Collecting Authority. In addition notice in regard to the petition was also published in English Newspaper 'Statesman'. The legal heirs of the testator named in para 2 of the petition filed their individual affidavits stating that the Will in question purportedly executed by late R. Bashyam is a genuine Will and that they have no objection against grant of probate of the said Will. Apart from the said legal heirs no other person appears to contest the genuineness of the Will and grant of letters of probate/letters of administration.

4. Ex. P.W.1/1 is the certified copy of the registered Will executed by late R. Bashyam execution whereof was witnessed by two witnesses, namely, Sh. Jitender Mohapatra and S. Murlidhar. Both these attesting witnesses have filed their respective affidavits proving execution of the Will Ex.P.W.1/1 by late R. Bashyam. The death of R. Bashyam took place on 6th October, 2000 which is evident from his death certificate Ex.P.W.1/3. Certificate of valuation of property No.C-10/F, DDA flats Munirka, Delhi from Tehsildar concerned indicates the value of property at Rs. 5,82,000/-.

5. The petitioner is the executor named in the Will Ex.P.W.1/1. The petition is verified by both the attesting witnesses to the Will Ex.P.W.1/1. The execution of Will Ex.P.W.1/1 stands proved by the attesting witnesses thereof. There is no challenge to the genuineness of the Will Ex.P.W.1/1 .

6. In the result, the petition is allowed. Probate of the Will dated 4th September, 2000 (Ex.P.W.1/1) with a copy thereof annexed, is granted in favor of the petitioner subject to supply of requisite stamp papers and compliance with necessary formalities.