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NAVIN CHAWLA
Vijay Arora – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
1. The present petition has been filed by the petitioner under Section 276 of the Indian Succession Act, 1925 (herein referred to as the `Act') seeking grant of Probate/Letters of Administration of the Will dated 02.09.2012 and Holographic Codicil dated 31.03.2018 inscribed on the reverse, left behind by Dr. (Mrs.) Santosh Chawla (hereinafter referred to as the `Testatrix')
2. It is alleged that the Testatrix ordinarily resided at E-338, East of Kailash, New Delhi-110065, and passed away on 24.08.2021. She was pre-deceased by her husband, Justice Tejinder Pal Chawla, who passed away on 17.10.2006. It is stated that the subject Will and Codicil have been executed by the Testatrix at New Delhi.
3. The Testatrix has not left behind any Class I Legal Heir. Dr. Daljeet Kimberley Chawla is her Class II Legal Heir, being the daughter of her deceased husband's deceased brother. The petition is accompanied with her affidavit giving her No Objection to the grant of Letters of Administration to the petitioner.
4. The petitioner is the named executor and one of the beneficiaries of the subject Will and Codicil.
5. It is further stated that during her lifetime, the Testatrix had e
The authenticity of a 'Will' can be proved by examination of at least one of the two attesting witnesses, as per Section 68 of the Indian Evidence Act.
The authenticity of a 'Will' can be proved by examination of at least one of the two attesting witnesses, as per Section 68 of the Indian Evidence Act.
Letters of Administration granted upon establishment of legal heir status and valid execution of a Will under the Indian Succession Act, 1925.
Proof of a Will does not require strict evidence of death; credible testimony and circumstantial evidence can suffice to establish validity and execution, emphasizing substantial justice in probate p....
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.
Letters of administration are granted under Section 276 of the Indian Succession Act when the petitioner is the sole legal heir and no other probate applications exist.
Unchallenged and un-rebutted testimony of petitioner and attesting witness proves that Will is last and final Will of deceased.
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