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1989 Supreme(Del) 243

High Court Of Delhi
SUBHASH CHOPRA - Appellant
Versus
STATE OF DELHI - Respondent
PROB.C.P. 12 of 1987
Decided On : 06/26/1989

Advocates Appeared:
Rakesh Munjal

The grant of probate was based on the testimony of attesting witnesses and the absence of objections from the legal representatives of the deceased.

Headnote:

Probate - Will - The court granted probate of the Will dated 23. 5. 1985 in favor of the petitioners based on the testimony of attesting witnesses and the absence of objections from the legal representatives of the deceased.

Fact of the Case:

The petitioners filed a petition for obtaining probate of a Will executed by their father. The Will was proved by attesting witnesses, and no objections were filed by the legal representatives of the deceased.

Finding of the Court:

The court granted probate of the Will in favor of the petitioners and directed them to file the requisite accounts and administer the estate.

Issues: The main issue was the grant of probate of the Will dated 23. 5. 1985.

Ratio Decidendi: The court relied on the testimony of attesting witnesses and the absence of objections from the legal representatives of the deceased to grant probate of the Will.

Final Decision: The court granted probate of the Will dated 23. 5. 1985 in favor of the petitioners.

Mahinder Narain

( 1 ) THE petitioners Subhash Chopra and Sunilchopra have filed this petition for obtaining probate of Will executed bytheir father Shri Avinash Chopra. being Will dated 23. 5. 1985. The Will dated23. 5. 1985 has been proved by the attesting witnesses, namely Kalyan Singhp. W. 2, and Ashok Chopra, Public Witness 3. Both the attesting witnesses havedeposed about signing of the Will by the testator in their presence, and in thepresence of the attesting witnesses as also in the presence of Dr. Harbans Lal. The witnesses have deposed that the testator was in sound disposing mind.

( 2 ) IN view of the testimony of attesting witnesses, the Will Ex. P. 2has been proved.

( 3 ) AFTER filing of the probate petition, citations were published in "thehindustan Times", and notices were issued to the State through counsel forthe State. Notices were also issued to the legal representives of the deceasednamely, Smt. Sudha Chopra-widow; Smt. Renu Kapur-daughter; and Smt. Ayesha Davar-daughter. No objections were filed by any of the aforementioned persons to whom the notices were sent.

( 4 ) I accordingly grant probate of the Will dated 23. 5. 1985 in favourof the petitioners. The petitioners will file the requisite accounts, andadminister the estate in the manner in which the estate of the deceased is tobe administered.

( 5 ) THIS being a petition for grant of probate of a Will, section 291of the Indian Succession Act, 1925 which applies only to Letters ofadministration (which is not sought in the present proceedings), does notapply to the instant case.

( 6 ) IN view of the fact that the deceased was a Hindu and the probateis granted to natural heirs, I dispense with giving of the administration bond.

( 7 ) THE petition is disposed of.

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