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DELHI HIGH COURT
SURESH KUMAR KAIT
Vijay Singhania – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petition filed for probate under indian succession act. (Para 1 , 2) |
| 2. affidavits confirm validity of the will. (Para 3 , 4) |
| 3. no objections filed by respondents to the petition. (Para 5 , 6) |
| 4. court grants certificate of probate. (Para 7 , 8) |
The hearing has been conducted through video conferencing.
1. The present petition was filed by the petitioner/executor (appointed by the Testator) under Section 276 of Indian Succession Act, 1925 read with Section 151 of Code of Civil Procedure, 1908 seeking grant of a Certificate of Probate in respect of the Last Will and Testament dated 18.03.2019 of late Mr. Vijay Goel.
2. The present petition has been filed by the petitioner on behalf of Testator, who passed away on 23.06.2019 after suffering from chronic kidney disease V. The testator executed his Will and Testament dated 18.03.2019 prior to his demise with regard to his assets, including moveable and immoveable properties, which was witnessed by two independent witnesses, however, the testator passed away without registering the aforesaid Will. Therefore, after demise of Testator, as per Section 40 of the Registration Act, 1908, the wife of testato
The court validates the Will executed by the deceased, emphasizing the importance of adherence to the testator's intent and the roles of executors in estate management.
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 established that a Will must be executed in accordance with the provisions of the Indian Succession Act, requiring attestation and confirmation of the testator's mental capacity.
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 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 is the requirement to prove a will by at least one attesting witness, as per Section 68 of the Indian Evidence Act.
The court upheld the validity of the registered Will, confirming the petitioner as Executor with the consent of all legal heirs and without objection, facilitating the smooth administration of the es....
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