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DELHI HIGH COURT
NEENA BANSAL KRISHNA
Yogendra Singh – Appellant
Versus
Pushpa Singh – Respondent
| Table of Content |
|---|
| 1. establishing probate petition based on the will. (Para 1 , 2 , 3) |
| 2. challenges to the will by the daughters. (Para 4 , 5 , 6) |
| 3. assessment of evidence to prove the will. (Para 11 , 12 , 13 , 14 , 15) |
| 4. validation of the will as final and operative. (Para 16) |
| 5. issuance of letter of administration. (Para 17 , 18 , 19 , 20 , 21) |
JUDGMENT
Neena Bansal Krishna, J.
1. A Petition under Section 276 of the Indian Succession Act, 1925 has been filed on behalf of the petitioner for grant of probate/Letter of Administration of the Will annexed dated 02nd May, 2003 of his deceased mother - Smt. Shanti Singh who has bequeathed her property in favour of the petitioner.
2. The property was originally owned by Shri Shyam Narendra Singh. He died in 1964 intestate and was survived by his wife-Smt. Shanti Singh and four daughters - Mrs. Pushpa Singh, Mrs. Santosh Bahl, Ms. Usha Singh & Mrs. Shobha Singh, and a son - Sh. Yogendra Singh, who is the petitioner.
3. On demise of Shri Shyam Narendra Singh, all the daughters executed a Relinquishment Deed in favour of the mother who became the owner of the property in question to the extent of half share while the petitioner was the
Unchallenged and un-rebutted testimony of petitioner and attesting witness proves that Will is last and final Will of deceased.
Section 68 of Indian Evidence Act, 1872 requires Will to be proved by examination of at least one of two witnesses.
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.
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 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 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 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 authenticity of a 'Will' can be proved by examination of at least one of the two attesting witnesses, as per Section 68 of the Indian Evidence Act.
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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