Delhi High Court
Smt. Rekha Vir vs Mrs. Latika Dey And Ors. on 13 January, 2006
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 for grant of probate in respect of the last Will and Testament of the deceased late Smt. Bhagwati Dey, wife of late Sh. Byomkesh Dey.
2. The petitioner is the daughter of the testator and was appointed as the executor of the Will. In terms of the Will, the testator has bequeathed all her assets and properties, moveable and immoveable, in favor of her daughter, being the petitioner, Mrs. Rekha Vir.
3. The testator passed away on 13.08.2001 at the residence at Safderjung Enclave, New Delhi.
4. The petitioner applied to the court of District Judge, Delhi for grant of probate of the Will on 03.11.2001, but by the order dated 06.12.2001 the petition was returned to be presented to the court of competent jurisdiction.
5. The petitioner has set out as annexure 'A' the list of legal representatives and next of the kin of the deceased-testator which include the petitioner and two other sons and a daughter. Objections were filed by Mr.Sishir Dey, one of the sons of the deceased. However in terms of an affidavit, affirmed on 09.03.2005, the said son has withdrawn the objection including in respect of the allegation of pressure, undue influence and coercion. The other son Mr.Sudhin Dey has filed an affidavit, affirmed on 09.03.2005, giving his no objection for the grant of probate. In the order dated 27.01.2003 read with order dated 16.09.2003 it has been noticed that there is no opposition to the petition. This statement was made on behalf of respondent No. 2, the sister-Mrs Latika Dey. Learned counsel for the petitioner states that an affidavit of sister has also been filed on 14.07.2005 affirming no objection to the grant of probate. Learned counsel to take steps to bring the same on record.
6. An affidavit by way of examination in chief has been filed by Dr. Suman Shrivastava, wife of late Sh. B.R.Shrivastava, one of the attesting witness to the Will. The Will is witnessed by one Mr.Dinesh Sharma and Dr. Suman Shrivastava. In her affidavit Dr.Suman Shrivastava has stated that Smt. Bhagwati Dey executed the Will dated 05.02.1997 in her presence and the testator had signed in the presence of both the witnesses who in turn had signed in her presence and in the presence of each other. Dr.Suman Shrivastava has stated that she was the general physician of the testator. The said witness has also exhibited the Will as ExPW1/1.
7. The valuation report and the calculation of the stamp duty has been done by the Registry. In view of the aforesaid, there is no impediment to the grant of the probate and thus a probate is granted of the last Will and testament dated 05.02.1997 of late Smt. Bhagwati Dey, wife of late Sh.Byomkesh Dey.
8. The probate be issued on the petitioner depositing requisite stamp duty and ensuring that the affidavit of Mrs.Latika Dey is placed on record.
9. A sealed enveloped containing the original Will has been received from the Registry in court and the same has been opened and the original Will exhibited. 10. Petition stands disposed of.
