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DELHI HIGH COURT
NEENA BANSAL KRISHNA
Vikram Mehra – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. probate petition details and family background. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. issues framed for determination by court. (Para 8) |
| 3. evidence supporting the validity of the will. (Para 9 , 10 , 11 , 13 , 14 , 15 , 16 , 17) |
| 4. court's decision on entitlement to probate. (Para 18) |
| 5. order granting probate and procedural requirements. (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT
Neena Bansal Krishna, J.
1. The present petition under Section 276 of the Indian Succession Act, 1925 has been filed on behalf of the petitioner, Vikram Mehra seeking grant of Probate of the registered Will dated 23rd May, 2011 of Late Smt. Pushpa Mehra, wife of Shri Satya Pal Mehra.
2. Facts in brief are that Smt. Pushpa Mehra was married to Shri Satya Pal Mehra and from their wedlock one son and two daughters were born, namely, the petitioner,Vikram Mehra, respondent No. 2-Ritu Kapur, and Late Smt. Radhika Singh. The respondent Nos. 3(a)-Jasraj Singh and 3(b)-Karan Singh are the legal heirs of Late Smt. Radhika Singh.
3. It is asserted that the petitioner along with his mother Late Smt. Pushpa Mehra was the co-owner to the extent of 50% undivided share in Property bearing No. B-26, West E
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.
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 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.
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 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....
The court upheld the validity of the will and granted probate, recognizing the consent of co-heir and the authenticity verified through witness testimony.
The unchallenged and unrebutted testimony of the petitioner and the attesting witnesses, along with compliance with the legal requirements, proved the authenticity of the Will and entitled the petiti....
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