Shri Sanjay Dawer And Anr. vs Mrs Neera Oberai And Anr.
2006 Latest Caselaw 225 Del

JUDGMENT

Badar Durrez Ahmed, J.

1. These two petitions under Section 276 of the Indian Succession Act for grant of probate are taken up together for disposal.

2. Test Case No. 1/2005 is in respect of the Will left by late Mrs Sarojani Chowdhary dated 13.06.1995 along with codicil also dated 13.06.1995. Test Case No. 2/2005 is in respect of the Will left by her husband Washeshar Nath Chowdhary. The said Mr Washeshar Nath Chowdhary also left a Will dated 13.06.1995 as also a codicil of the same date. Probate is being sought under these Wills and codicils by Mr Sanjay Dawer and Mrs Poonam Dawer. The publication has been done. The respondents are the two daughters of the said Mr and Mrs Chowdhary. It is stated that Mr Sanjay Dewar was treated like a son by the late Mr and Mrs Chowdhary and by virtue of their Wills, certain properties have been granted in favor of the said Mr Sanjay Dawer and Mrs Poonam Dawer. It is stated by the learned counsel for the parties that no objection to the grant of probate was received. In fact, the respondents appeared before the Joint Registrar of this court on 06.01.2006 and stated that they have already filed affidavits that they had no objection to the grant of probate in favor of the petitioners. The said Wills (along with the codicils) stand proved.

3. In these circumstances, it is directed that probate of the said Wills be granted in favor of the petitioners subject to the petitioners paying all the due charges and completing all the formalities.