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DELHI HIGH COURT
NEENA BANSAL KRISHNA
D.P. Sachdeva – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petition for grant of probate based on will (Para 1 , 2 , 3) |
| 2. distribution of properties as per the will (Para 5 , 6 , 7) |
| 3. admission and objections of respondents (Para 8 , 9) |
| 4. legal objections and challenges to the petition (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. claims regarding the validity of the will (Para 17 , 18 , 19) |
| 6. evidence and cross-examination evaluation (Para 30 , 32 , 34) |
| 7. validation of the petitioner's assertions (Para 36 , 41 , 42) |
| 8. grant of probate and necessary conditions (Para 44 , 45) |
JUDGMENT
Neena Bansal Krishna, J. The present petition has been filed under Sections 276 and 278 of the Indian Succession Act, 1995 on behalf of the petitioner seeking grant of Probate/Letter of Administration of Will dated 20th May, 1993 of Smt. Basant Kaur.
2. Facts in brief are that Smt. Basant Kaur, wife of Late Subedar Shadi Lal Chadha during her lifetime, executed a Will dated 20th May, 1993, while she was in possession of her mental and physical senses. Smt. Basant Kaur appointed Mr. D.P. Sachdeva, Advocate as the Executor of the said Will dated 20th May, 1993. Smt. Basant Kaur died on 13th December, 1997 and was survived by four sons, namely, Mr
The court established that the unchallenged testimony of the Executor is sufficient to prove the authenticity of a Will, supporting the grant of Probate even in the face of opposition from other lega....
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
Partition suits are non-maintainable without impleading all necessary legal heirs. Probate applications remain valid even years after the testator's death, as the right to prove a Will is a continuou....
The main legal point established in the judgment is the requirement to prove the execution of a Will in accordance with the statutory provisions, including the attestation by witnesses and the sound ....
The validity of a will is undermined when it is executed under suspicious circumstances, necessitating the propounder to dispel these doubts for the document to be accepted legally.
The propounder of a Will must remove all suspicious circumstances to validate its execution; failure to do so results in dismissal of probate applications.
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