Smt. Bimla Aggarwal vs State
2005 Latest Caselaw 1660 Del

Citation : 2005 Latest Caselaw 1660 Del
Judgement Date : 5 December, 2005

Delhi High Court

Smt. Bimla Aggarwal vs State on 5 December, 2005

Author: S K Kaul

Bench: S K Kaul

JUDGMENT

Sanjay Kishan Kaul, J.

1. The petition has been filed under Section 276 of The Indian Succession Act, 1925 for grant of probate of the last Will and Testament dated 21.02.1999 of late Shri R.B. Aggarwal, s/o late Shri B.D. Aggarwal, who passed away on 11.03.1999 within the territorial jurisdiction of this Court being resident of 1385, Dr. Mukherjee Nagar, Delhi. The deceased is stated to have left behind various shares, securities and debentures in companies and the petitioner is wife of the deceased being the sole beneficiaries. The list of shares are stated in paras 3 and 4 of the petition.

2. The deceased was survived by three other legal heirs being a son and two daughters. The legal heirs mentioned at S. No. (b) of para 10 was served with notice returnable on 02.09.2004 and the legal heirs mentioned at S. No. (a) and (c) have been served with notice returnable on 16.11.2005. None has chosen to appear for the legal heirs.

3. The affidavits of the said three legal heirs Smt. Preeti Gupta, Mr. Parag Aggarwal and Smt. Deepti Goyal have been placed on record accepting the Will. The petitioner has also filed an affidavit by way of evidence as PW-1 setting out the aforesaid facts.

4. Shri Parag Aggarwal, the son and one of the legal heirs, is the attesting witness to the Will and has filed an affidavit of evidence as PW-2 to the effect that the Testator signed the Will in his presence and in the presence of the other witness Shri Girish Aggarwal and that he and the other witness signed in the presence of the Testator and in the presence of each other.

5. In view of the aforesaid, there is no impediment to the grant of probate and there are only movable properties forming subject matter of the bequeath.

6. The probate is, thus, granted of the last Will and testament dated 21.02.1999 of late Shri Ram Bahadur Aggarwal. The list of assets is mentioned in Annexure-A to the petition and the probate be issued on the petitioner filing appropriate stamp paper on the basis of the affidavit of valuation to be filed by the petitioner.

The petition stands disposed of.