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2017 Supreme(Del) 3668
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMOHAN, J.
Mrs. Shanti Rani Kohli Dugal - Petitioner
Versus
The State& Ors. - Respondents
TEST.CAS. 99 of 2015
Decided On : 26-09-2017
For the Petitioner:Mr. Prashant Parihar, Advocate
For the Respondents:Mr. Vikas Mehta, Advocate for R-2 to 4.
The main legal point established in the judgment is the requirement to prove the execution of a Will and the soundness of the testator's mind at the time of execution in order to grant probate.
Headnote:
Probate - Indian Succession Act, 1925 - Section 276 - The Will dated 27th March, 2009 - [Section 276 of the Indian Succession Act, 1925] - The court granted probate of the Will dated 27th March, 2009 in favor of the petitioner after establishing that the deceased had executed the Will and it was his last Will and testament.
Fact of the Case:
The petitioner filed a petition under Section 276 of the Indian Succession Act, 1925 for grant of probate of the Will dated 27th March, 2009 by the Executor appointed by the Testator. The deceased's legal heirs had no objection to the grant of probate.
Finding of the Court:
The court found that the petitioner succeeded in proving that the deceased had executed the Will dated 27th March, 2009 and it was his last Will and testament.
Issues: The main issue was to establish the validity of the Will dated 27th March, 2009 and grant probate in favor of the petitioner.
Ratio Decidendi: The court's decision was based on the evidence provided by the petitioner, including the Death Certificate of the Testator and the affidavit of the attesting witness, which established the execution of the Will and the soundness of the testator's mind at the time of execution.
Final Decision: The court allowed the petition and granted probate of the Will dated 27th March, 2009 in favor of the petitioner, subject to her fulfilling the requisite formalities.
MANMOHAN, J.
1. Present petition has been filed under Section 276 of the Indian Succession Act, 1925 for grant of probate of Will dated 27th March, 2009 by the Executor appointed by the Testator.
2. It is stated that late Sh. Avinash Chander Kohli s/o Late Shri Chaman Lal Kohli was resident of Huns Farms, Kapashera, Najafgarh Road, Bijwasan, New Delhi.
3. It is further stated that the wife of the late Sh. Avinash Chander Kohli died on 11th October, 1992.
4. It is also stated that late Sh. Avinash Chander Kohli executed his only Will dated 27th March, 2009 duly notarised in respect of his movable and immovable properties in the presence of witnesses namely Mr. Mahesh Sahai and Mr. Ian Thomas and at the time of execution of the Will, the testator was in sound mind having good physical and mental health and disposing power.
5. The Will dated 27th March, 2009 executed by the deceased is reproduced herein below:-
"WILL
I, Avinash Chander Kohli Son of Late Sh. Chaman Lal Kohli, Resident of Huns Farm, Kapashera-Najafgarh Road, Bijwasan, New Delhi-110030 hereby execute this will voluntarily in a sound disposing state of mind after proper deliberation and without any duress from any external quarter whatsoever.
This is my last will and it will be valid and effective after my death. I have not executed any will before this. However, I hereby revoke all my previous wills if any made by me in respect of the assets and properties covered by this will at any time hereto before.
I declare that I own and possess the following movable & immovable assets & Properties:
1. Rafting Camp at Shivpuri, Rishikesh
2. Land & Camp at Pauri
3. House in DLF Gurgaon
4. HIG Flat in Dwarka
5. Agriculture Land & Camp in Sultanpur, Chandu Village
6. Mercedes Car
7. Scorpio SUV
8. Mahindra Bolero Jeep
9. Vintage Taunus Car
10. Camper
11. Other House hold items i.e. Air conditioners, Refrigerators, Tubewell, Furniture & Fixtures, Silver Utensils, Cameras, Televisions, Music System, DVD Player, Projector and other house hold items.
12. Office Equipments & Other Equipments i.e. Camp equipments, Fax Machines etc.
13. Three Bank Accounts in personal name with American Express Bank, DBS Bank Ltd, Post Office Saving Account.
14. One Bank Account in the name of Wild Life Adventure Tours with ABN Amro Bank.
15. Two Bank accounts in the name of Connaught Technical Services with ABN Amro Bank & Citi Bank.
16. Two Bank accounts in the name of Indian Rafting Company with Punjab National Bank L Block, Connaught Place & Punjab National Bank, Srinagar Rishikesh.
17. 5494 Equity Shares of Amber Tours Pvt. Ltd.
18. 99 Equity Shares of Huns Air Tours & Travels Pvt. Ltd.
19. 10001 Equity Shares of Wild Life Adventure Tours India Pvt. Ltd.
20. Arms-Weapons.
21. Gold Jewellery
22. Other Jewellery (Silver etc.)
23. Paintings
24. Antique Items
25. Carpets
26. 25% shares in the Sher Camp property at Sawai Madhopur.
27. Any other shares and UTIs.
This will is in relation to the aforesaid Movable & Immovable assets which are self acquired and I have full power of disposition over them and there are no loans or mortgages of any kind encumbering these assets and any other properties which I am owning at this time or which I may own at the time of my death.
Out of above the following Movable & Immovable assets will go as under:
1. Mercedes Car-to Mrs Shanti Rani Kohli Dugal daughter of Mr. Avinash Chander Kohli.
2. 5494 Equity Shares of Amber Tours Pvt Ltd. will be distributed as under:
5218 Equity Shares to my daughter Ms. Shanti Rani Kohli Dugal
275 Equity Shares to my son Naveen Kohli
1 Equity Share to Mr. Kewal Krishan Sabharwal son of late Mr. R.R. Sabharwal
The Board of Directors of Amber Tours Pvt. Ltd. will be as under:-
Ms. Shanti Rani Kohli Dugal (Total 5223 shares).
Mr. Naveen Kohli (275 shares)
Ms. Lalita Das Gupta (1 share)
Mr. K.K. Sabharwal (1 share)
Out of the above, the following Movable & Immovable assets wi
