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High Court Of Delhi
SHANTANU MEHRA - Appellant
Versus
STATE OF DELHI - Respondent
PROB.C.P. 7 of 1997
Decided On : 09/06/2001
Probate - Will - Grant of probate certificate for properties - The court found that the deceased had executed a will bequeathing her properties to the petitioners, and as there were no objections from other heirs and the will was proved, the petitioners were entitled to the probate for the properties.
Fact of the Case:
The petitioners filed a petition for grant of probate certificate with respect to the properties mentioned in the will of the deceased, who had bequeathed her properties to the petitioners.
Finding of the Court:
The court found that as there were no objections from other heirs and the will was proved in favor of the petitioners, they were entitled to the probate for the properties.
Issues: Grant of probate certificate, validity of the will, objections from other heirs
Ratio Decidendi: The court's decision was influenced by the lack of objections from other heirs and the proof of the will in favor of the petitioners.
Final Decision: The court granted the probate for the properties to the petitioners.
( 1 ) SHANTANU Mehra and Nikhil Mehra, hereinafter described as the petitioners have filed the present petition under Section 276 of the Succession Act for grant of the probate certificate with respect to the will dated 8/2/1991 of Smt. Iqbal Kaur wife of late N. S. Bajaj.
( 2 ) THE petitioners are the grandsons of Smt. Iqbal Kaur. It is alleged that she had expired on 10/12/1996. She had executed a will dated 8/2/1991. She died leaving behind five sons and two daughters. The present probate petition has been filed with respect to the properties i. e. Flat No. 1001, X Floor, Akash Deep Building, New Delhi and l/3rd share in flat no. 109 situated in ECE House at 28/a Kasturba Gandhi Marg, New Delhi. By virtue of the will it is asserted that the deceased had bequeathed her 1/3rd share of the property E/109, ECE House in favour of petitioner no. 2 Nikhil Mehra while the other flat in Akash Deep building has been bequeathed to petitioner no. 1 Shantanu Mehra.
( 3 ) CITATION had been published and notices were issued to the other heirs. No objection has been filed by any/of the said heirs. On the first occasion on behalf of respondent no. 1. (Balbir Singh) it had been stated that he would be filing certain objections but even the same were withdrawn on 22/4/1999.
( 4 ) IN support of the claim and to prove the will the applicants have examined Rishi Kishan Mehra on 30/9/1999. He stated that the deceased had executed the will Ex. Public Witness 1/1 in his presence and he is one of the attesting witness.
( 5 ) IN this process when there is no objection by the other heirs of the deceased and the will has been proved in favour of the petitioners, it must follow that petitioners are entitled to the probate with respect to the properties referred to above, namely: Flat bearing No. 1001, X Floor, Akash Deep Building, New Delhi: and 1/3rd Share in flat no. 109, ECE House, 28/a Kasturba Gandhi Marg, New Delhi - 110 001.
( 6 ) PROBATE shall only be issued only after the necessary court fees in terms of evaluation has been deposited.
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