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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, J.
Rajinder Parshad Sharma - Appellant
Versus
State - Respondent
Test Cas No. 24 of 1990; Interlocutory Application No. 8340 of 2020, 8341 of 2020
Decided On : 01-02-2021
Section 276 - Indian Succession Act, 1925 - The court granted probate of the Will dated May 31, 1989, in favor of the petitioner, who was the adopted son of the deceased testatrix. The objections to the probate petition were withdrawn by the objectors, and the court found that the Will was validly executed by the testatrix, who was in good health and sound mind at the time of execution. The court also exempted the petitioner from furnishing an administration bond as he was the sole beneficiary under the Will.
Fact of the Case:
The petitioner filed a probate petition seeking probate of the Will dated May 31, 1989, executed by the deceased testatrix. The testatrix had bequeathed her property to the petitioner, who was her adopted son. Objections were filed by the objectors, but they were later withdrawn. The court found that the Will was validly executed by the testatrix and granted probate in favor of the petitioner.
Finding of the Court:
The court found that the Will dated May 31, 1989, was validly executed by the testatrix and granted probate in favor of the petitioner. The court also exempted the petitioner from furnishing an administration bond as he was the sole beneficiary under the Will.
Issues: The main issue was whether the Will dated May 31, 1989, was the last duly executed Will of the deceased testatrix in favor of the petitioner. The court also considered the withdrawal of objections by the objectors and the exemption of the petitioner from furnishing an administration bond.
Ratio Decidendi: The court held that the Will dated May 31, 1989, was validly executed by the testatrix, who was in good health and sound mind at the time of execution. The withdrawal of objections by the objectors and the exemption of the petitioner from furnishing an administration bond were also considered in reaching the decision.
Final Decision: The court granted probate of the Will dated May 31, 1989, in favor of the petitioner and exempted the petitioner from furnishing an administration bond as he was the sole beneficiary under the Will.
JUDGMENT
V. Kameswar Rao, J. - The present petition has been filed under Section 276 of the Indian Succession Act, 1925 seeking probate of the document dated May 31, 1989 claimed to be the validly executed last Will of deceased Shyama Sharma, who died on January 07, 1990. The prayers made in the petition are the following:
"It is, therefore, respectfully prayed that this Hon'ble Court may be pleased to:
(a) Probate the Last Will dated 31.5.1989 executed by late Smt. Shyama Sharma, in favour of the Petitioner.
(b) In the alternative grant letter of Administration to the Petitioner
(c) Pass any other order or further orders deem fit and proper in the facts and circumstances of the case."
2. It is averred in the petition that the testatrix is survived by the petitioner, who is the adopted son of the testatrix and has been appointed as an executor to the Will, and four daughters i.e., Respondent Nos. 2-5 viz. Smt. Usha Pushkarna (died during pendency of the petition), Smt. Kamla Sharma, Smt. Krishna Dwivedi and Smt. Santosh Sharma. It is noted from the record that the husband and one daughter (Late Nirmala Pushkarna) of the testatrix pre-deceased her.
3. The deceased is stated to have executed a document called a Will dated May 31, 1989 (hereinafter 'Will'), which was duly attested by Shri Anoop Bagai and Shri Sanjeev Sindhwani. The contents of the same are reproduced hereinunder:-
"I, Dr. (Mrs.) Shyama Sharma, W/o Late Sh. Baykunth Nath aged about 66 years, resident of I/F-136, Lajpat Nagar, New Delhi, hereby execute this my last WILL in a sound disposing state of mind.
1. I hereby revoke all former and other wills and testaments by me at any time thereunto made, especially the Will dated 20th July, 1988 duly registered before the sub-Registrar vide Registered No.3545 in Additional book No.3, vol. 458 on pages 178 to 180 on 20th July, 1988.
2. Whereas my husband, Late Sh. Baykunth Nath has predeceased me, leaving behind only four daughters, namely Smt. Kamala Sharma W/o Sh. R.C. Sharma, Smt. Santosh Kumari W/o Sh. Om Parkash Sharma, Smt. Usha Push Karna W/o Sh. A.C. Pushkarna and Smt. Krishna Duvedi W/o Sh. R.K. Duvedi.
I may declare that all my above named daughters are happily married and since I have given a lot to them during my life time, they shall have no right to claim any share / interest from any of my movable or immovable properties.
3. That I also had one more daughter, namely Smt. Nirmala Pushkarna W/o Sh. Madan Mohan Pushkarna, who unfortunately died in April, 1972. She had three daughters and two sons at the time of her death. But now since I have no link at all with her husband Sh. Madan Mohan Pushkarna and their children anymore, they shall have no right to claim any share / interest from any of my movable or immovable properties.
4. I may declare that I had adopted Sh. Rajindra Prashad Sharma, son of Smt. & Sh. Om Parkash Sharma as my son, since 13th January, 1965, vide a registered adoption deed, who has been residing with me since about 24 years.
5. It is my wish and desire that after my death my son, Sh. Rajinder Prashad Sharma shall be entitled to all my estate, and effects thereof absolutely and forever. I accordingly, declare him as the sole beneficiary and legatee of my this last WILL. I hereby give, devise and bequeath, absolutely and for ever, to my said son, Sh. Rajinder Prashad Sharma, for his use and benefit, all my properties, assets and credits, both movable and immovable of whatsoever character and wheresoever situate including all reversion, expectancy and future assets if any acquired by me, and I hereby appoint the said Sh. Rajindra Prashad Sharma as the sole Executrix of my this last WILL, who will be entitled to obtain the probate of this WILL, without being required to furnish any security whatsoever for the same.
6. I also declare that I own one house No.I/F-136, Lajpat Nagar, New Delhi, in which I am presently living.
I hereby give, devise and bequeath, absolutely and for ever, the entire house No.I/F-1
The court affirmed the validity of a Will and granted probate when all objectors withdrew their claims and accepted the beneficiary's entitlement.
The propounder of a Will must prove its validity by showing due execution and testamentary capacity, with the burden of proof shifting if suspicious circumstances arise.
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
The propounder of a Will must satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
A propounder must establish a will's valid execution and satisfy the court's conscience by dispelling all suspicious circumstances, including structural inconsistencies and inordinate, unexplained de....
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