Mrs. Reba Kapur vs State
2007 Latest Caselaw 670 Del

JUDGMENT

Gita Mittal, J.

1. This petition has been filed under Section 276 of the Indian Succession Act by Ms. Reba Kapur seeking probate of the last Will and testament dated 29th September, 2000 made by late Justice Dilip Kumar Kapur. As per the list of relatives filed on record, apart from the petitioner who is the widow of the deceased testator, the deceased is succeeded by one daughter Ms. Sheboo Kapur. In answer to the notice which was issued to her, Ms. Sheboo Kapur has filed an affidavit dated 19th July, 2006 whereby she has deposed that she has read the last Will and testament made by her deceased father and also the present probate petition. Ms. Sheboo Kapur has further deposed that she has no objection to the grant of the probate of the Will to the petitioner.

2. Citation of the filing and pendency of the present petition was published in The Statesman dated 15th July, 2006 inviting objections from the public however no objections have been received.

3. So far as proof of execution of the Will is concerned, the petitioner has filed the affidavit as well as affidavits of the two attesting witnesses. The Will dated 29th September, 2000 was signed and executed by the deceased in the presence of Shri Rajiv Dhawan and Shri Dalbir K. Kapur. The two attesting witnesses have filed affidavits submitting that the Will dated 29th September, 2000 was executed by late Justice Dilip Kumar Kapur in their presence and that they had affixed their signatures thereupon in witness of the execution of the Will. The original Will dated 29th September, 2000 has been filed on record and has been proved in the statement of Ms. Reba Kapur as Exhibit B.

4. It has also come in the evidence of the petitioner that Justice Dilip K. Kapur (Retd.) unfortunately expired at Delhi on 25th October, 2000. The death certificate in this behalf has been placed on record and marked Exhibit A. The deceased testator was a Hindu at the time of his death and in terms of the Schedule to the Hindu Succession Act, 1956. He is succeeded by his widow Ms. Reba Kapur the petitioner in the present case and their only daughter Ms. Sheboo Kapur as the only heir in class I. Even as per the bequest made in Exhibit B, the last Will and testament dated 29th September, 2000, the petitioner and her daughter Ms. Sheboo Kapur are the only beneficiaries.

5. The petitioner has also proved on record that in compliance with the requirement of the Will she has opened a bank account in the name of Sheboo Kapur with the Bank of Baroda, Bharat Nagar Branch bearing account No. 20011976 and has deposited a sum of Rs. 20 lakhs only in the bank account in the month of September, 2006 as per the condition in the Will.

6. In this view of the matter the petitioner has established the execution of the Will dated 29th September, 2000 by late Justice Dilip K. Kapur as his last Will and testament. There is no impediment consequently to the grant of the prayer in the petition whereby probate thereof has been sought.

7. Accordingly, I allow this petition and grant probate of the last Will and testament dated 29th September, 2000 executed by late Justice Dilip K. Kapur to the petitioner with the Will attached. Inasmuch as there is no contest to the present petition, it is directed that the probate shall be issued subject to furnishing of an Administration bond only.

8. The petitioner in this petition has prayed that inasmuch as the immovable property which was the subject matter of the Will stands transferred to the name of the beneficiary under the Will, probate is being sought only in respect of the moveable properties that is the shares, mutual funds including dividend and interest and the bank account which has been detailed in para 2 of the petition. In this behalf in support of the maintainability of such a prayer, learned Counsel for the petitioner has placed reliance on a pronouncement of this Court reported at Jasbir Singh Khanna v. State and Ors. I find that in this case it was held that even though other properties may also be the subject matter of the Will, probate can be granted of the moveable property alone which may be the subject matter of the Will.

9. In the light of the principles applied in AIR 2003 Delhi 137 Jasbir Singh Khanna v. State and Ors., it is directed that the petitioner shall be liable to pay court fee only on the value of the properties detailed in schedule A, B, C and D which have been totalled as per para 13 of the affidavit being a total of Rs. 2,17, 38, 958.18 paise only.

This petition is allowed in the above terms.