C.S Vaidyanathan vs State Govt. Of Nct Of Delhi
2014 Latest Caselaw 4340 Del

*              HIGH COURT OF DELHI AT NEW DELHI

+                          TEST.CAS. 29/2013


                                          Decided on : 10.09.2014
+
C.S VAIDYANATHAN                                   .... Petitioner

                         Through:     Mr.Harish V.Shankar
                                      and Mr.Shashank, Advs.

                         versus

STATE GOVT. OF NCT OF DELHI                        ..... Respondent

                         Through:     Nemo.

CORAM:
HON'BLE MR. JUSTICE V.K. SHALI

V.K. SHALI, J.

1. This is a petition under Section 276 of the Indian Succession Act,

1925 for grant of Probate of Will dated 15.05.2009 of Shri Madanjeet

Singh in which the petitioner has been named as executor.

2. Briefly stated that facts of the case are that the present petitioner

has claimed himself to have been appointed as the executor of the Will

dated 15.05.2009 of Shri Madanjeet Singh, Indian Citizen, Ordinary

resident of Villa Surya, 23, Bd, Alsacre Lorraine 063310, Beaulieu-sur-

Mer, France.

3. The present petition has been filed for grant of Probate in respect to

the last Will and Testament of Shri Madanjeet Singh who died on

06.01.2013. He was an Indian citizen but ordinary resident of Villa

Surya, 23, Bd, Alsacre Lorraine 063310, Beaulieu-sur-Mer, France. The

schedule of property bearing Residential Plot No.33, Block-A, Vasant

Vihar, New Delhi admeasuring 1960 square yards as per the Will dated

15.05.2009 has been filed as Annexure A-1 to the petition. The Schedule

of Class-I legal heir of late Sh.Madanjeet Singh being Sh.Mahendrajeet

Singh has been filed as Annexure A-2 to the petition. In the said

affidavit, it is averred by Mr.Mahendrajeet Singh that his late father

Sh.Madanjeet Singh has left a Will dated 15.05.2009 in respect of his

property at 33, Block A, Vasant Marg, Vasant Vihar, New Delhi whereby

the said property is to devolve on the South Asia Foundation, India and

that he has no objection to the grant of probate of the Will and to the

contents of the Will being given effect to. It is also averred in the

affidavit that he has no claim whatever in regard to the said property and

that there is no other legal heir of late Sh.Madanjeet Singh who has any

claim to the said property.

3. I have perused the record and I am satisfied that the Will dated

15.05.2009 has been proved beyond doubt by the petitioner.

4. Under these circumstances, the present petition is allowed. The

probate is granted in favour of the petitioner qua the Will dated

15.05.2009 in respect of the suit property of the deceased on the

petitioner filing the requisite court fee and furnishing administrative bond

with one surety to the satisfaction of the learned Registrar General of this

court.

5. The petition stands disposed of.

V.K. SHALI, J.

SEPTEMBER 10, 2014 dm