Delhi High Court
Vikas Uppal vs State on 18 May, 2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment:18.05.2015.
TEST CAS 6/2009
VIKAS UPPAL ...... Petitioner
Through: Mr. Abhishek Goyal, Adv.
Versus
STATE ....... Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
INDERMEET KAUR, J. (Oral)
1. Present petition has been filed u/s 276 of the Indian Succession
Act for grant of probate. The Will which is sought to be propounded is
dated 10.07.2001 executed by deceased Kanta Uppal.
2. The petitioner before this Court is Vikas Uppal. He is the son of
Kanta Uppal and Vinod Kumar Uppal. Vinod Kumar Uppal had expired
on 21.03.2012. His death certificate is on record. Kanta Uppal had
expired on 23.04.2002. Her death certificate is also on record. She had
executed a Will dated 10.07.2001 which is stated to be her last Will.
3. The Class 1 legal heirs of Kanta Uppal are the present petitioner
Vikas Uppal and her daughter Sonia Uppal.
4. The affidavit of Sonia Uppal is on record wherein she has stated
that she has no objection if this Will is probated in favour of her brother.
5. Notice had been issued to the State and concerned SDM who has
also filed his valuation report qua the immoveable properties of the
deceased is on record. Citation of this petition has also been published in
the newspaper "Rashtriya Sahara". Copy of the same has been placed on
record and this has been noted in the order dated 15.05.2015.
6. In the ex-parte affidavit by way of evidence filed by the
petitioner, he has reiterated the averments made in the petition stating
that Kanta Uppal and Vinod Kumar Uppal were her parents. His mother
Kanta Uppal expired on 24.03.2002. Her death certificate is exhibited as
Ex.PW-1/1. His father Vinod Kumar Uppal had expired on 21.03.2012
and his death certificate is proved as Ex.PW-1/2. The affidavit of Sonia
Uppal, the only other Class 1 legal heir of deceased Kanta Uppal
(besides the petitioner) giving her no objection to the probate of the Will
has been proved as Ex.PW-1/4. The Will has been proved as Ex.PW-
2/1. It has been attested by R.C. Berry and Anil Paul.
7. PW-2 has also entered the witness box. He has on oath deposed
that the Will dated 10.07.2011 was executed by Kanta Upppal in his
presence. He has proved the Will Ex.PW-2/1 and identified the signature
of the testator (Kanta Uppal) at point „A‟; further deposition being that
this signature had been appended in his presence. PW-2 has also
identified the signature of other attesting witness R.C. Berry who has
also signed in his presence at point „B‟; the signature of PW-2 had been
identified at point „C‟. The Will was also registered and as per the
version of PW-2, he had accompanied the testator to the office of Sub-
Registrar at the time of registration of the Will.
8. The petitioner has been able to prove his case. He is accordingly
entitled to the prayer as prayed for by him. The petitioner is accordingly
granted probate of the Will dated 10.07.2011 in accordance with the
properties of the testator mentioned in schedule „A‟ subject to his
furnishing the requisite Court fee in terms of the valuation report and
submitting an Administration bond with one surety in accordance with
law.
9. Petition disposed of in the above terms.
INDERMEET KAUR, J
MAY 18, 2015/A
