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DELHI HIGH COURT
CHANDRA DHARI SINGH
Praveen Aggarwal – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. probate of the will and family relationships (Para 1 , 2 , 3 , 4) |
| 2. requirements for proving a will (Para 5 , 6) |
| 3. uncontested evidence supports will's validity (Para 7 , 8 , 9) |
| 4. granting of letters of administration (Para 10 , 11 , 12 , 13 , 14) |
ORDER
Chandra Dhari Singh, J. (Oral)--The Petitioner has filed the present petition under Section 276 of the Indian Succession Act, 1925 seeking probate of the will dated 29th November, 1990 of her maternal aunt, Late Sarla Gupta (hereinafter referred to as the `Testatrix').
2. The Testatrix had during her lifetime purchased a property bearing No. B-107, Swasthya Vihar, Delhi-110092 admeasuring 390 sq. yards by way of a perpetual sub-lease deed executed in the year 1979. Subsequently, the said property was converted from leasehold to freehold and accordingly, a Conveyance Deed was executed in favour of the Testatrix which is registered with the Sub-Registrar-IV, Delhi. During her lifetime, the Testatrix executed a Will dated 29th November 1990 in respect of the said property relinquishing the entire share, title and interest in the said property in favour of the Petitioner.
3. It is stated that as the Testatrix was u
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....
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 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 court granted probate of the will based on clear evidence of execution, witness testimony, and lack of objections from other heirs, affirming the principles of testamentary disposition under the ....
The main legal point established in the judgment is the grant of Probate/Letters of Administration under the Indian Succession Act, 1925, based on the authenticity of the Will and Codicil and the abs....
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 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 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.
Unchallenged and un-rebutted testimony of petitioner and attesting witness proves that Will is last and final Will of deceased.
A will must be proven valid by unchallenged and corroborated evidence; objections to probate require evidence from the objecting parties.
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