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2023 Supreme(Del) 1243

NEENA BANSAL KRISHNA
Ashok Bhatia Legal Heir S/o. Late Sh. Tilak Raj Bhatia – Appellant
Versus
State (The Govt. of NCT of Delhi Through Sdm West District) – Respondent


Advocates appeared:
Mr. Raghav Bansal & Mr. Shashwat Bansal, Advocates, for the Petitioner.
None., for the Respondents.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The court examined the validity of two registered Wills executed by Late Shri Tilak Raj Bhatia, specifically focusing on the Will dated 18.12.2007, which was ultimately granted probate (!) (!) .

  2. The court confirmed that Shri Tilak Raj Bhatia was in a sound and disposing state of mind when executing the Will dated 18.12.2007, and that the Will was made voluntarily without any undue pressure or coercion (!) (!) .

  3. The execution of the Will was properly proved through the testimony of the testator, the attesting witness, and the registration process, satisfying statutory requirements (!) (!) (!) (!) .

  4. The court noted that the testator was the exclusive owner of the property, having acquired it through a registered conveyance in 1968, and that this ownership was not challenged by other family members, despite claims to the contrary (!) (!) (!) .

  5. The contesting respondent argued that the Will was obtained through undue influence and that the testator was not in a sound mind, but the court found the evidence supporting the Will to be credible and consistent, including the testator’s own statements before the court (!) (!) .

  6. Suspicious circumstances, such as the execution of multiple Wills and allegations of harassment and coercion, were considered but not sufficiently proven to invalidate the Will (!) (!) (!) .

  7. The court emphasized that the burden of proof to establish the validity of the Will was met by the petitioner, who provided clear, credible evidence, including the testator’s statements and the attesting witness’s testimony (!) (!) (!) .

  8. As a result, the court granted probate of the Will dated 18.12.2007, with the necessary formalities, including payment of stamp duty and furnishing an administrative bond with surety (!) (!) .

  9. The petition was ultimately allowed, confirming the Will as the last valid testament of Late Shri Tilak Raj Bhatia and appointing the petitioner as the executor (!) .

Please let me know if you need further analysis or assistance.


JUDGMENT

Neena Bansal Krishna, J. The petitioner has sought grant of Probate/Letter of Administration of Wills dated 02.09.2005 and 18.12.2007 executed by Late Shri Tilak Raj Bhatia in his favour under Section 276 read with Section 238 of the Indian Succession Act, 1925.

2. The facts in brief are that Late Shri Tilak Raj Bhatia, Hindu by religion, had acquired the Property bearing No. 61-61A, Block No. 8, Moti Nagar, New Delhi (hereinafter referred to as "suit property") vide Lease Deed dated 22.08.1967 duly registered with the Sub-Registrar Office, Delhi on 18.11.1967.

3. Shri Tilak Raj Bhatia on his demise on 06.05.2010, was survived by his three sons, namely, Mr. Ashok Bhatia (petitioner), Mr. Subhash Bhatia (respondent No. 2) and Mr. Satish Bhatia (respondent No. 3) and five daughters, namely, Ms. Shushila Bhatia (respondent No. 4), Ms. Neelam Kohli (respondent No. 5), Ms. Sunita Bhatia (respondent No. 6), Ms. Sangeeta Bhatia (respondent No. 7) and Ms. Swarn Kanta Bhatia (respondent No. 8).

4. According to the petitioner, Shri Tilak Raj Bhatia, during his lifetime, executed a registered Will dated 02.09.2005 out of his free will and consent and with sound disposing mind. Acco

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