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SURESH KUMAR KAIT
Vijay Singhania – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
1. The present petition was filed by the petitioner/executor (appointed by the Testator) under Section 276 of Indian Succession act, 1925 read with Section 151 of Code of Civil Procedure, 1908 seeking grant of a Certificate of Probate in respect of the Last Will and Testament dated 18.03.2019 of late Mr. Vijay Goel.
2. The present petition has been filed by the petitioner on behalf of Testator, who passed away on 23.06.2019 after suffering from chronic kidney disease V. The testator executed his Will and Testament dated 18.03.2019 prior to his demise with regard to his assets, including moveable and immoveable properties, which was witnessed by two independent witnesses, however, the testator passed away without registering the aforesaid Will. Therefore, after demise of Testator, as per Section 40 of the Registration act, 1908, the wife of testator, i.e. respondent No.2, presented the said Will before the Sub Registrar, SR V a, Hauz Khas, New Delhi for registration and the same was registered on 13.12.2019 in presence of two witnesses. at the time of demise, the testator was survived by the Cla
The main legal point established is the requirement of voluntary execution of a Will and the appointment of an Executor for granting a Certificate of Probate under the Indian Succession Act.
The court validates the Will executed by the deceased, emphasizing the importance of adherence to the testator's intent and the roles of executors in estate management.
The court affirmed the validity of a Will for probate when all Class I heirs consented and supported it with affidavits, thus underscoring the necessity of formal execution and absence of objections.
The main legal point established in the judgment is the grant of probate under Section 276 of the Indian Succession Act, 1925 for the 1/3rd undivided share of the property as per the Will dated 10.02....
The unchallenged and unrebutted testimony of the petitioner and the attesting witnesses, along with compliance with the legal requirements, proved the authenticity of the Will and entitled the petiti....
The genuineness of a Will can be proved by examining one attesting witness, as required by Section 68 of the Evidence Act, and the principle of res judicata applies in the context of not challenging ....
The main legal point established is the requirement to prove a will by at least one attesting witness, as per Section 68 of the Indian Evidence Act.
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