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REKHA PALLI
Suresh Sachdev – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
1. The present petition under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as the `Act') seeks grant of probate/letters of administration of the "Will" dated 25.09.1987 of late Shri Ramchand Satdev alias Sachdev (hereinafter referred to as `the Testator').
2. It is claimed by the petitioner that the testator was ordinarily residing at O-25, Lajpat Nagar-2, New Delhi. He was blessed with three sons and three daughters and passed away on 01.05.1989. It is claimed that the "Will" was executed by the testator at New Delhi in the presence of two attesting witnesses namely Shri Kumar Bhatia and Shri Arjan M Chablani. It is further claimed that this was last "Will" and testament in respect of all his properties by the testator.
3. Out of the six children of the testator, two sons and two daughters have already expired and, therefore, their legal heirs have been arrayed as respondents alongwith the only surviving daughter. All the respondents have filed their no objection affidavits to the grant of letter of administration in favour of the petitioner. The details of the only immovable asset which is the subject of the "Will" hav
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 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 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 failure to meet the statutory requirements for proving a Will under Section 68 of the Evidence Act leads to its invalidity, resulting in intestate succession applying instead.
Registered Will's genuineness presumed; proof under Evidence Act Sections 68/69 via signature identification by witnesses suffices when attesting witnesses unavailable; disputing party must prove sus....
The validity of a will requires strict adherence to statutory execution and attestation procedures; failure to prove execution results in denial of probate.
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....
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