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DELHI HIGH COURT
YOGESH KHANNA
Ashish Gupta – Appellant
Versus
Government of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petition for grant of probate based on a valid will. (Para 1 , 2 , 3) |
| 2. no objection to grant of probate from family heirs. (Para 4 , 8 , 9) |
| 3. evidence supporting valid execution of the will. (Para 5 , 6 , 7 , 10 , 11) |
| 4. court grants probate for valid will dated 10.02.2021. (Para 12) |
| 5. formalities to finalize grant of probate. (Para 13 , 14 , 15) |
JUDGMENT
Yogesh Khanna, J. (Though Video Conferencing)--This is a petition under Section 276 of the Indian Succession Act, 1925 for grant of probate in respect of the last valid and legal Will dated 10.02.2021 of late Shyam Sunder.
2. It is alleged the last Will/testament has been validly executed by the testator and has been duly registered with the Sub Registrar-V(I), Delhi. The family tree of deceased Shyam Sunder is given in para No.2 of the petition. He was survived by his wife Urmila Devi/respondent No.2; his son Ashish Gupta/ petitioner; his daughter Nidhi Bansal/respondent No.3; and another daughter Neeti Khandelwal/respondent No.4. It is alleged there is no impediment in grant of probate in respect of the Will dated 10.02.2021 of deceased Shyam Sunder as the class I legal heirs of deceased have no objection to
The court affirmed the validity of a Will for probate when all Class I heirs consented and supported it with affidavits, thus underscoring the necessity of formal execution and absence of objections.
The main legal point established in the judgment is the grant of probate under Section 276 of the Indian Succession Act, 1925 for the 1/3rd undivided share of the property as per the Will dated 10.02....
Unchallenged and un-rebutted testimony of petitioner and attesting witness proves that Will is last and final Will of deceased.
The court held that a will can be granted probate when supported by the testimony of at least one attesting witness and no objections from other beneficiaries, thereby establishing its authenticity.
The main legal point established is the requirement of voluntary execution of a Will and the appointment of an Executor for granting a Certificate of Probate under the Indian Succession Act.
The court upheld the validity of a Will based on attesting witness testimony, ruling that uncontested evidence and a No Objection Certificate from a legal heir warranted the grant of Probate.
Section 68 of Indian Evidence Act, 1872 requires Will to be proved by examination of at least one of two witnesses.
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.
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