Delhi High Court
Shri Arun Kumar Mohta & Ors vs The State (National Territory Of ... on 26 August, 2011
Author: G. S. Sistani
41.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 45/2007
% Judgment Delivered on: 26.08.2011
SHRI ARUN KUMAR MOHTA & ORS. ..... Petitioners
Through : Mr. A.K. Matta, Sr. Adv. with Ms. Anne
Mathew, Mr. Somesh Rattar and
Mr. Shashenk, Advs.
versus
THE STATE (NATIONAL TERRITORY OF DELHI) ..... Respondent
Through : None.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
1. Whether the Reporters of local papers may be allowed to see
the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be reported in the Digest?
G.S.SISTANI, J. (ORAL)
1. This is a petition filed under Section 276 of the Indian Succession
Act seeking grant of probate with respect to Will dated 10.11.2003
of late Smt. Sushila Devi Mohata, who died at New Delhi on
16.7.2007. Petitioner is the son of late Smt. Sushila Devi Mohata.
Although notices were issued to the Chief Revenue Controlling
Officer at Kolkata and Jodhpur (Rajasthan) for submission of
valuation reports qua the estate of the deceased, however, no
valuation reports have been received. Citation was issued in 'The
Times of India' (Kolkata Edition), 'Rajasthan Patrika' (Rajasthan
Edition) and 'The Statesman' (New Delhi Edition) on 17.9.2007,
copies of which have been placed on record. Notice was also issued
to the close relations.
2. Learned counsel for the close relations had entered appearance on
22.10.2007 on behalf of Legal Heir no.2 and Legal Heir no.3. Initially
the close relations had filed their objections to the grant of probate,
however, by means of two applications, being I.A.NOS.4869/2009
and 4870/2009, the close relations sought withdrawal of their
objections, which applications were allowed on 15.4.2009 and
objections to the probate were treated as withdrawn.
3. The petitioner has filed the affidavit by way of evidence of Sh.
Sidharth Kumar Birla, one of the attesting witnesses, who deposed
that he is a witness to the last Will dated 10.11.2003 of late Smt.
Sushila Devi Mohata. The original Will dated 10.11.2003 along with
its translated copy has been marked as Ex.PW-1/2. Copy of the
death certificate has been marked as Ex.PW-1/1. He further deposed
that he had seen the Testator, Smt. Sushila Devi Mohata, affixing
her signature on the said Will dated 10.11.2003 in his presence and
in the presence of other attesting witness, Smt. Sarla Somani. He
also deposed that he and the other witness, Smt. Sarla Somani,
signed the Will dated 10.11.2003 in the presence of Testator and
the Testator had also signed all the pages of the said Will (at six
places). Sh. Sidharth Kumar Birla also deposed that he identifies the
signature of Smt. Sarla Somani, the other attesting witness, on the
last page of the Will below his signature. He further deposed that
Smt. Sushila Devi Mohata was of sound health and good mental
condition at the time of execution of the Will. The second attesting
witness, Smt. Sarla Somani, has also deposed on similar lines.
TEST.CAS. 45/2007 2/3
4. I have heard counsel for the petitioner and also perused various
documents including the affidavits filed by both the attesting
witnesses, who have deposed that the Testator signed the Will
dated 10.11.2003 in their presence and they also signed as
witnesses in the presence of the Testator.
5. In view of the aforestated testimony it stands proved that Smt.
Sushila Devi Mohata executed the Will dated 10.11.2003, which was
her last Will. Accordingly, Probate in terms of the said Will is hereby
granted in favour of the petitioner. On petitioner filing the necessary
Court fee probate be granted to the petitioner.
6. Petition stands disposed of in view of above.
G.S.SISTANI,J
AUGUST 26, 2011
msr
TEST.CAS. 45/2007 3/3
