Neera M Saxena & Anr. vs State
2014 Latest Caselaw 2736 Del

$~42.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+        TEST.CAS. 26/2014


%                                         Judgment dated 27.05.2014


         NEERA M SAXENA AND ANR                       ..... Petitioners
                      Through : Ms.Annwesha Deb, Adv.

                             versus

         STATE                                                ..... Respondent

Through

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

G.S.SISTANI, J (ORAL)

1. Present petition has been filed by petitioners under Section 276 of the Indian Succession Act for grant of Probate with respect to the Will dated 29.9.2009 executed by late Sh.Bhim Sain.

2. Notice was issued to the State with the direction to file valuation report.

Notice was also issued to the close relations. Citation was directed to be published in the daily, 'The Statesman'. Valuation report has been filed. Citation has been placed on record. It is informed that close relations have no objection if probate to the Will date 29.9.2009 of late Sh.Bhim Sain is granted in favour of the petitioners.

3. The petitioners have filed the evidence by way of affidavit of one of the legal heirs of the deceased and the legal heir no.3, who is present in Court, has also given his no objection. Evidence by way of affidavit has been filed by both the petitioners and also one of the attesting witnesses. The

petitioners have deposed on the lines of the petitioner.

4. As per the evidence of petitioner no.1, her father, late Sh.Bhim Sain, during his life time, executed a Will dated 29.9.2009 and presented the same in the Office of Sub-Registrar-VI, which was registered on 7.10.2009. At the time when late Sh.Bhim Sain executed the said Will, he was in sound health and the Will was executed without any pressure or undue influence. It has also been deposed that at the time of death, late Sh.Bhim Sain was having his fixed abode at Delhi within the jurisdiction of this Court.

5. Petitioner no.2 has also deposed on the lines of petitioner no.1, who is his sister.

6. The attesting witness, Sh.Prem Singh Rohilla, PW-2/A, has testified that the Will dated 29.9.2009 was duly signed and executed by the testator on 7.10.2009 in the Office of the Sub-Registrar. At the time of execution of the Will, the testator was in sound health, senses and disposing mind. The said Will was signed by the testator without any pressure or undue influence. He has further deposed that he had seen the testator affix his signature at points A-1, A-2 and A-3 and thumb impression at point A-4, A-5 and A-6 on the Will dated 29.9.2009. He has also testified that he had put his signature on the Will dated 29.9.2009 at point B and the other witness put his signature at point C on the said Will. The Will dated 29.9.2009 has been exhibited as PW-1/1.

7. The affidavits by way of evidence of petitioners show that on the date of the execution of the Will dated 29.9.2009 the testator, late Sh.Bhim Sain, was residing within the jurisdiction of the Court, he was in sound disposing mind and in good health.

8. Accordingly, it is proved that late Sh.Bhim Sain had executed the Will dated 29.9.2009. The present petition is allowed. Probate of the Will of

late Sh.Bhim Sain dated 29.9.2009 be granted in favour of the petitioners as per Schedule VI of Indian Succession Act, subject to the petitioners filing necessary Court Fee and furnishing administrative and surety bond.

9. Petition stands disposed of.

G.S.SISTANI, J MAY 27, 2014 msr