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NEENA BANSAL KRISHNA
Vikram Mehra Son of Late Sh. Satya Pal Mehra – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT :
Neena Bansal Krishna, J.
1. The present petition under Section 276 of the Indian Succession Act, 1925 has been filed on behalf of the petitioner, Vikram Mehra seeking grant of Probate of the registered Will dated 23rd May, 2011 of Late Smt. Pushpa Mehra, wife of Shri Satya Pal Mehra.
2. Facts in brief are that Smt. Pushpa Mehra was married to Shri Satya Pal Mehra and from their wedlock one son and two daughters were born, namely, the petitioner,Vikram Mehra, respondent No. 2-Ritu Kapur, and Late Smt. Radhika Singh. The respondent Nos. 3(a)-Jasraj Singh and 3(b)-Karan Singh are the legal heirs of Late Smt. Radhika Singh.
3. It is asserted that the petitioner along with his mother Late Smt. Pushpa Mehra was the co-owner to the extent of 50% undivided share in Property bearing No. B-26, West End Colony, New Delhi-110021 (hereinafter referred to as “subject property”). During her lifetime, Late Smt. Pushpa Mehra resided in the said property along with the petitioner and his family. After her demise, the petitioner and his family continued to be in occupation of the entire property.
4. Late Smt. Pushpa Mehra died on 23th Decmeber, 2019 in Delhi. She executed a registered Will date
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.
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.
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 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 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.
The court affirmed that a Will requires proof of execution by attesting witnesses, and the consent of beneficiaries underscores its validity.
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....
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