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IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna, J.
Puja Jaiswal - Appellant
Versus
State & Ors. - Respondents
Test. Cas. 21 of 2019 & IA 13149 of 2019
Decided On : 01-12-2023
Probate - Indian Succession Act - Section 276 - 63(c) of the Indian Succession Act, 1925 - 68 of Indian Evidence Act
Fact of the Case:
The petitioner filed a petition under Section 276 of the Indian Succession Act, 1923 for grant of Probate in respect of a Will executed by her sister. The Will bequeathed immovable and movable assets to various beneficiaries, including the petitioner.
Finding of the Court:
The court found that the Will was executed in accordance with the requirements of Section 63(c) of the Indian Succession Act, and the mode of proof of the Will under Section 68 of the Indian Evidence Act was satisfied. The court also noted that the petition was unopposed by the beneficiaries and no objections were received from any third party.
Issues: The main issue was the grant of Probate in respect of the Will dated 24th March, 2015, and the authenticity of the Will.
Ratio Decidendi: The court held that the uncontested and unrebutted testimony of the petitioner, supported by the attesting witness, proved the genuineness and authenticity of the Will, satisfying the requirements of the Indian Succession Act and the Indian Evidence Act.
Final Decision: Probate in respect of the Will dated 24th March, 2015 was granted to the petitioner, subject to payment of requisite court fees and furnishing of an Administrative Bond with one Surety.
JUDGMENT
Neena Bansal Krishna, J. - The petitioner, Smt. Puja Jaiswal, , has filed the present petition under Section 276 of the Indian Succession Act, 1923 for grant of Probate in respect of Will dated 24th March, 2015 executed by her sister Late Gunwant Dara, in which she is one of the beneficiary.
2. The petitioner has stated that the deceased Ms. Gunwant Dara was a lawyer and was practicing in Supreme Court of India. She was the sole and absolute owner of immovable property bearing No.IB/26, Princeton Estate, DLF City, Phase V, Gurugram, Haryana (hereinafter referred to as "suit property") being a self acquired property. Aside from this, she had following movable assets :
(i) Term Deposit Advise bearing No. 37720941504 for Rs. 5,00,000/- date of issue 28.05.2018, date of maturity 13.07.2018 issued from State Bank of India, South Extension, Part-11, New Delhi;
(ii) Deposit receipt No. 1218302 dated 16.05.2018 for Rs. 3,02,174/- issued from UCO Bank, Supreme Court Compound, New Delhi;
(iii) FDR receipt No. 022120 dated 28.03.2013 for Rs.3,00,000/- date of maturity 22.12.2015, issued from UCO Bank, Supreme Court Compound, New Delhi;
(iv) Saving Bank account bearing No.02070100012409 UCO Bank, Supreme Court Compound, New Delhi for Rs. 5,31,115/-;
(v) Rs. 22,17,000/- in respect of the professional fee bill lying with the Central Law Agency, Supreme Court of India, New Delhi;
(vi) Lockers with UCO Bank, Supreme Court of India, New Delhi; and
(vii) Account with State Bank of India, NDSE Part-II, New Delhi bearing No. 30672904145 and Defence Colony, bearing No. 10617058118.
3. During her life time, Ms. Gunwant Dara executed her last Will dated 24th March, 2015, whereby she bequeathed the suit property as well as the movable assets in favour of respondent No.2 and 3 and an amount equivalent to US $25000 in favour of the executrix/ petitioner. Ms. Gunwant Dara died on 04th October, 2018 and is survived by petitioner and respondent No.4 as her class-I heirs being her sisters. Respondent no.2 and 3 are the beneficiary under the Will being the nephew and niece of the deceased. A prayer is, therefore, made that a Probate in respect of the last Will dated 24th March, 205 of Late Ms. Gunwant Dara may be granted and all the movable and immovable assets may be transferred in terms of the last Will.
4. Citation was published in daily newspaper 'Dainik Bhaskar' on 06.04.2019 and 'India Express' on 03.04.2019.
5. The respondent No.2 Arjun Jaiswal (son of the petitioner), respondent No.3 Ms. Parul Jaiswal (daughter of the petitioner) and respondent No.4 Ms. Surinder Sharma (sister of the petitioner) gave their 'No Objection Certificate' in favour of the petitioner Smt. Puja Jaiswal for grant probate in her favour.
6. The Valuation Report was submitted by Tehsildar, Wazirabad, District Gurugram, Haryana in respect of the suit property "that the value of property bearing No.1B/26, Princeton Estate, DLF City, Phase-V, gurugram-122009 can be valued @ 9,000/- per Sq feet as per Collector Rate for the Year 2022".
7. The petitioner to prove the Will examined herself as PW1 and proved the execution of original Will of Ms. Gunwant Dara which is Ex.PW1/1. She also proved her original Death Certificate as Ex/PW 1/7, the Identity Card, PAN Card and Aadhar Card of the deceased as Ex.PW1/2 to Ex.PW1/4 respectively. Letter of Allotment is Ex.PW1/5 and Letter dated 04.12.2018 for surrender of the chamber is Ex.PW1/6. The Conveyance Deed and Possession Letter of the immovable property in Gurugram, Haryana are Ex.PW1/8 and Ex.PW1/9 respectively. The House Tax Notice dated 31.12.2017 is Ex.PW1/10. The copy of the Term Deposit Advise issued from State Bank of India, South Extension, Part-II is Ex.PW1/11. The Deposit receipt issued from UCO Bank, Supreme Court Compound is Ex.PW1/12, copy of FDR receipt dated 28.03.2023 is Ex.PW1/13. Pass Book of Saving Bank Account with UCO Bank, supreme court compound is Ex.PW1/14. Copy of statement of Account with Standard Chartered Bank is Ex
Section 68 of Indian Evidence Act, 1872 requires Will to be proved by examination of at least one of two witnesses.
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