Chander Kanta Pathak vs State of NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3105

REKHA PALLI
Chander Kanta Pathak – Appellant
Versus
State of NCT of Delhi – Respondent

Advocates appeared:
Mr. Sagar S. Jaiswal, Advocate, for the Petitioner.
Mr. Divyam Nandrajog, Panel Counsel (GNCTD) with Mr. Mayank Kamra, Advocate, for the Respondents.

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 a grant of probate of `will' dated 09.05.2017 of late Sh. Hans Raj Pathak (hereinafter referred to as `the testator.).

2. It is claimed by the petitioner, who is the widow of the late Sh. Hans Raj Pathak, that the testator was ordinarily residing at C1/20, Janakpuri, New Delhi-110058. The testator died on 26.06.2023 leaving behind the petitioner, his widow and three children i.e., two daughters and a son, who have been arrayed as respondent nos. 2 to 4. The aforesaid `will', is stated to be the last `will' and testament in respect of all the properties of the testator wherein the petitioner has been appointed the Executor. It is the petitioner's case that the `will' was executed by the testator in the presence of two attesting witnesses namely Shri Kulbushan Malhotra and Shri Satish Kumar Ailawadi.

3. The three children of the testator i.e., respondent nos. 2 to 4 have filed their respective no objection affidavits for grant of probate of the `will' in favour of the petitioner. The details of the only immovable property which is

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