Delhi High Court
Umesh Kapoor vs State & Ors. on 27 May, 2014
Author: G. S. Sistani
$~39.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 56/2013
% Judgment dated 27.05.2014
UMESH KAPOOR ..... Petitioner
Through : Mr.S.M. Hashmi and Mr.Pawash Piyush,
Advs.
versus
STATE AND ORS ..... Respondents
Through : Mr.Anurag, Adv. for Mr.Sonal Singh,
Adv.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
1. Present petition has been filed by petitioner under Section 276 of the
Indian Succession Act for grant of Probate with respect to the Will dated
10.8.2011 executed by late Sh.Kedar Nath Kapoor, S/o late Sh.Khushi
Ram Kapoor.
2. Notice of this petition was issued to the State and close relations.
Petitioner was directed to publish the citation in the daily, The Statesman.
Valuation report has been received and citation has also been filed. All the
close relations, being defendants no.2 to 6, have filed their reply in which
they have stated that they have no objection if Probate, with respect to the
Will dated 10.8.2011 of late Sh.Kedar nath Kapoor, is granted in favour of
the petitioner.
3. The petitioner has filed evidence by way of affidavit of Sh.Umesh
Kapoor, which has been marked as Exhibit PW-1/A. Sh.Umesh Kapoor,
PW-1, has deposed in Ex.PW-1/A that Sh.Kedar Nath died at B-36, New
Rajinder Nagar, New Delhi, on 10.12.2011. A copy of the Death
Certificate, issued by Municipal Corporation of Delhi, has been exhibited
as Exhibit PW-1/1. PW-1 has further deposed that at the time of his death
the deceased had a fixed place of residence at Delhi, which is within the
territorial jurisdiction of this Court. It has further been testified that he
(PW-1) was named as the executor in the Will dated 10.8.2011 executed
by late Sh.Kedar Nath Kapoor.
4. Affidavit has also been filed by Sh.Vinod Khanna, who is one of the
attesting witnesses. The said affidavit has been marked as Exhibit R4W-
1/A. Sh.Vinod Khanna has deposed in the affidavit that late Sh.Kedar
Nath Kapoor executed the Will dated 20.8.2011. He has also testified that
he is one of the attesting witnesses to the said Will, he had signed the said
Will as a witness and the Will was executed by late Sh.Kedar Nath
Kapoor, who was of sound mind, with free consent and without any undue
influence or pressure. He has also testified that the Will was signed by the
testator at point 'X' in his presence and in the presence of other attesting
witness, Sh.Anil Moonga, and thereafter the Will was signed by him (PW-
1) and Sh.Anil Moonga, respectively, in the presence of the testator at
point 'Y' and point 'Z', respectively.
5. I have heard learned counsel for the parties and also perused the evidence
by way of affidavits (PW-1/A and R4W-1/A) filed by petitioner. Taking
into consideration the submissions made by counsel for the petitioner, the
affidavits by way of evidence filed by the petitioner, wherein it has been
testified that the testator, late Sh.Kedar Nath Kapoor, died on 10.12.2011
(Death Certificate has been marked as Exhibit PW-1/1); the fact that the
Will has been attested, who was in good health and sound disposing mind,
by one of the attesting witnesses, who has testified that the testator signed
in his presence and in the presence of other attesting witness, Sh.Anil
Monga; the fact that both the parties signed the Will in question in the
presence of the testator; and the fact that there is no legal impediment in
granting probate in favour of the petitioner, the present petition is
allowed. Probate of the Will of late Sh.Kedar Nath Kapoor dated
10.8.2011 be granted in favour of the petitioner as per Schedule VI of
Indian Succession Act, subject to the petitioner filing necessary Court
Fees and furnishing administrative and surety bond.
6. Petition stands disposed of.
G.S.SISTANI, J
MAY 27, 2014
msr
