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DELHI HIGH COURT
CHANDRA DHARI SINGH
Arjun Visnhu Kirpalani – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. probate application for deceased testator's will. (Para 4 , 5 , 6) |
| 2. requirements under indian evidence act for proving will. (Para 7 , 8) |
| 3. uncontested testimony validating the will. (Para 9 , 10 , 11 , 12 , 13) |
| 4. grant of probate and procedural conditions. (Para 14 , 15 , 16) |
| 5. conclusion on disposal of petition. (Para 17 , 18) |
ORDER
Chandra Dhari Singh, J. (Oral)
I.A. 9039/2022
1. By way of this application, the petitioner seeks early hearing of the instant matter.
2. Learned counsel appearing on behalf of the petitioner does not wish to press the instant application and submits that the same may be treated as infructuous.
3. The instant application is dismissed as infructuous.
TEST.CAS. 76/2021
4. The Petitioner has filed the present petition under Section 276 of the Indian Succession Act, 1925 seeking probate of the will dated 11th June 2020 of his father, Late Vishnu Kirpalani (hereinafter referred to as the `Testator').
5. Testator was married to Late Prakash Kirpalani and out of the wedlock, two children namely Arjun Vishnu Kirpalani and Tara Kirpalani Dev, i.e., Petitioner and Respondent No.2 respectively, were born. The Testator died on 28th No
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 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 court affirmed that a Will requires proof of execution by attesting witnesses, and the consent of beneficiaries underscores its validity.
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 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 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 requirement of fulfilling the conditions for execution and proof of a Will as per the Indian Succession Act and the Indian Evidence Act.
Section 68 of Indian Evidence Act, 1872 requires Will to be proved by examination of at least one of two witnesses.
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 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....
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