Nidhi Goel vs State & Ors
2016 Latest Caselaw 6484 Del

$~47
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+        TEST.CAS. 91/2015
%                                         judgment dated 17 th October, 2016


         NIDHI GOEL                                           ..... Petitioner
                            Through       Ms. Vagish Kochar, Advocate

                            versus

         STATE & ORS                                          ..... Respondents

Through

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

G.S.SISTANI, J (ORAL)

1. Petitioner has filed the present petition under Section 276 of Indian Succession Act, 1925 for grant of probate with respect to the Will dated 14.06.2010 of Late Sh. Arya Bhushan.

2. Notice was issued to the State, through Chief Controlling Revenue Authority. Citation was published in the Delhi edition of 'JANSATTA', Hindi and English language. The valuation report has been filed by the SDM, Najafgarh. The order of the Joint Registrar dated 30.05.2016 also shows that no objection has been filed by any the close relations.

3. The petitioner has filed the affidavit of the petitioner marked as Exhibit PW-1/X. The petitioner has deposed that Late Sh. Arya Bhushan was her father, who died at Delhi on 12.10.2010. The photocopy of the death certificate has been placed on record. Original has been

produced in Court. (Original seen and returned). PW-1 has also testified that at the time of the execution of the Will, Sh. Arya Bhushan was in perfect mental and physical condition. There was no coercion upon him in any manner to sign and execute the Will. Affidavit of evidence of the attesting witness, Sh. Ramesh Chand Gupta, PW-2, marked as Exhibit PW-2/X has also been filed. He has testified that he is one of the attesting witnesses of the Will along with Dr. Ashish Goel, Smt. Anshu Gupta and Smt. Ashu Vimal. The witnesses were present at the time when the testator had signed the Will and he signed in their presence. The signatures of the testator and the attesting witnesses have been identified. The Will is exhibited as Exhibit P-1.

4. I have heard the learned counsel for the petitioner and considered the evidence on record. Based on evidence placed on record, I find no legal impediment for grant of probate in respect of the Will dated 14.06.2010 of Late Sh. Arya Bhushan in favour of the petitioner. On filing of court fee, surety/administration bond shall be granted.

5. Petition stands disposed of.

G.S.SISTANI, J

OCTOBER 17, 2016 pst