Amolak Singh And Ors. vs The State
2005 Latest Caselaw 1730 Del

JUDGMENT

Sanjay Kishan Kaul, J.

1. The petitioners have filed this petition under Article 276 of the Indian Succession Act, 1925 for grant of probate of the last Will and testament dated 23.04.1996 of late Smt. Kalyani Sen w/o Late Sh. Bimal Sen. The testator is stated to have passed away on 21.12.1996 and was residing at E-398, Greater Kailash-II, New Delhi at the time of her demise. The husband of testator is stated to have passed away and the testator is survived by only two legal heirs being the witnesses to the Will.

2. It is stated that the only property, which is the subject matter of the Will, is located at Village Noora, District: Hazaribagh, Jharkhand appurtenant to holding No. 88, plots No. 6777, 6778 and 6779.

3. The petition is supported by the declaration and affidavits of the two attesting witnesses Smt. Madhushri Bhattacharya and Shri. Surojit Sen. The said two witnesses are stated to be the only legal heirs of the deceased-testator and have filed affidavits affirming to the fact that the testator had executed and signed the Will in their presence and the witnesses had signed in the presence of the testator and in the presence of each other. The valuation report in respect of the property has also been filed and is now on record.

4. The petitioner No. 1 has filed his affidavit of evidence supporting the petition.

5. In view of the aforesaid there is no legal impediment to the grant of probate.

6. The probate is granted to the petitioners of the last Will and testament dated 23.04.1996 of late Smt. Kalyani Sen w/o late Sh. Bimal Sen and on deposit of appropriate court fees, the probate be issued.

6. Parties are left to bear their own costs.

7. Petition stands disposed of.