NEENA BANSAL KRISHNA
Yogendra Singh – Appellant
Versus
Late Mrs. Pushpa Singh Through Its Lrs. – Respondent
JUDGMENT :
Neena Bansal Krishna, J.
1. A Petition under Section 276 of the Indian Succession Act, 1925 has been filed on behalf of the petitioner for grant of probate/Letter of Administration of the Will annexed dated 02nd May, 2003 of his deceased mother- Smt. Shanti Singh who has bequeathed her property in favour of the petitioner.
2. The property was originally owned by Shri Shyam Narendra Singh. He died in 1964 intestate and was survived by his wife-Smt. Shanti Singh and four daughters- Mrs. Pushpa Singh, Mrs. Santosh Bahl, Ms. Usha Singh & Mrs. Shobha Singh, and a son- Sh. Yogendra Singh, who is the petitioner.
3. On demise of Shri Shyam Narendra Singh, all the daughters executed a Relinquishment Deed in favour of the mother who became the owner of the property in question to the extent of half share while the petitioner was the owner of the other half share. Smt. Shanti Singh, the mother died on 06th February, 2010. On the basis of the Will dated 02nd May, 2003 of Late Smt. Shanti Singh, petitioner had filed this petition for probate of the Will by virtue of which Smt. Shanti Singh had bequeathed her half share in the property in favour of the petitioner.
A lifetime interest in a
Unchallenged and un-rebutted testimony of petitioner and attesting witness proves that Will is last and final Will of deceased.
A will must be proven valid by unchallenged and corroborated evidence; objections to probate require evidence from the objecting parties.
Section 68 of Indian Evidence Act, 1872 requires Will to be proved by examination of at least one of two witnesses.
The court upheld the validity of a Will based on attesting witness testimony, ruling that uncontested evidence and a No Objection Certificate from a legal heir warranted the grant of Probate.
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 court held that a will can be granted probate when supported by the testimony of at least one attesting witness and no objections from other beneficiaries, thereby establishing its authenticity.
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 court established that the unchallenged testimony of the Executor is sufficient to prove the authenticity of a Will, supporting the grant of Probate even in the face of opposition from other lega....
The main legal point established in the judgment is the requirement of fulfilling the conditions for execution and proof of a Will as per the Indian Succession Act and the Indian Evidence Act.
The court affirmed that a Will requires proof of execution by attesting witnesses, and the consent of beneficiaries underscores its validity.
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