Delhi High Court
Santosh Bilaney vs State & Ors. on 24 April, 2012
Author: Manmohan Singh
* HIGH COURT OF DELHI : NEW DELHI
+ Probate No. 64 of 2011
% Order decided on : 24.04.2012
Santosh Bilaney ..... Petitioner
Through: Mr. Sidharth Silwal, Adv. with
Mr. VIkas Mishra, & Ms. Christine
Chiramel, Advs.
Versus
State & Ors. ..... Respondents
Through: Mr. Anshu Bhanot, for Respondents
No.2 & 3.
Coram:
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.(Oral)
1. This petition has been filed by the petitioner under Sections
276 and 234 of the Indian Succession Act, 1925 seeking grant of
probate of the entire estate of Late Smt. Kamala V. Bilaney.
2. It is averred in the petition that Smt. Kamala V. Bilaney
(hereinafter referred to as the deceased), W/o Late Shri Vithal Bilaney
died on 28.02.2010 at New Delhi. Copy of her death certificate is
annexed as Annexure P-1. The petitioner is the son of the deceased and
thus, a beneficiary under the Will dated 10.04.2000 executed by the
deceased. The Will dated 10.04.2000 is annexed as Annexure P-2
along with the petition. The respondent Nos. 2, who is the daughter of
the deceased and respondent No.3, who is the daughter of the petitioner
and granddaughter of the deceased, are also the beneficiaries under the
Will dated 10.04.2000.
Probate No.64/2011 Page 1 of 3
3. As per the Will dated 10.04.2000, the deceased bequeathed
her properties in the following manner:
(i) Immoveable property bearing No. H-3 Hauz Khas, New
Delhi-110016 to her son Mr. Santosh Bilaney, the petitioner
herein.
(ii) All her units with the UTI, Bank balance, Fixed deposit,
investment in shares to her daughter Mrs. Lata Kaku,
respondent No.2 herein.
(iii) All her jewellery, to her granddaughter Mrs. Jyorsana Puri,
the respondent No.3 herein.
4. There is no dispute regarding the Will dated 10.04.2000
being the last and final Will of the deceased. The petitioner is seeking
probate in respect of the above estate/property of the deceased with the
consent of respondent Nos. 2 and 3, who have given their no objection
by way of affidavits in which they have stated that the deceased was
the owner of the moveable and immovable properties the details of
which are mentioned in the Will dated 10.04.2000, which was executed
by Late Smt. Kamla V.Blaney as her last Will and they have no
objection if the will is probated in favour of the petitioner. Copies of all
the above mentioned no-objection certificates are placed on record.
5. Citation of these proceedings have been effected in "The
Hindu" dated 05.10.2011, "The Times of India" dated 05.10.2011and
also in "The Statesman" dated 05.10.20111. Valuation report in respect
of property No. H-3, Hauz Khas, New Delhi-110016 has also been
received.
6. The will dated 10.04.2000 has been signed by the deceased
and two attesting witnesses namely Mr. Sudhir Silwal and Mrs. Saroj
Probate No.64/2011 Page 2 of 3
Silwal and the respective affidavits of both the attesting witnesses have
been filed by the petitioner wherein they have that they were present
and saw the deceased/testator affix her signatures on the Will dated
10.04.2000 and the said Will was executed by the deceased/testator of
her own free will and volition and without any coercion or undue
influence from any quarter and while the deceased was in good mental
health.
7. In view of the above, the petition is allowed and probate is
granted to the petitioner in respect of the Will dated 10.04.2000 of the
deceased subject to the petitioner filing requisite court fee on the value
of the immovable property as stated in the Will. Therefore, the probate
be granted to the petitioner on filing a surety bond and necessary court
fees. The petition stands disposed of.
MANMOHAN SINGH, J.
APRIL 24, 2012
