The court upheld the validity of the will and granted probate, recognizing the consent of co-heir and the authenticity verified through witness testimony.

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 November 2020 leaving behind the Petitioner and the Respondent No.2 as the two Class-I heirs. Vide Will dated 11th June 2020, the Testator bequeathed the entire ownership in the property bearing House No. 3, Ashoka Avenue, Chattarpur Farms, Mehrauli, New Delhi-110074 to the Petitioner as the sole beneficiary.

6. It is stated there is no other Class-I legal heir or other near relations left behind by the Testator and he was competent to deal with the said property being the absolute owner thereof. It is further stated that the Testator was in a sound state of mind and in good health at the time of the execution of the said Will and has executed the said Will out of his own choice without any force or compulsion. The Respondent No.2 has given her consent for the grant of probate in respect of the Will dated 11th June 2020 in favor of the Petitioner. The relevant portion of the no objection certificate is reproduced below:

"That as per the WILL dated 11.06.2020, I do not desire to make any claim on Khasra no. 1494/2 (3-12), 1494/1(1-04), 1495/2(4-07) measuring 9 Bighas and 3 biswas situated in revenue Estate of Village Chattarpur, tehsil Haus Khas, New Delhi now known as House No.3, Ashoka Avenue, Chattarpur Farms, Mehrauli, New Delhi-110074 held by the deceased. I hereby agree to renounce all my rights existing as well as they may accrue to me in future in respect of the aforesaid property.

I declare that I have no objection whatsoever in transmitting the entire Khasra no. 1494/2(3-12), 1494/1(1-04), 1495/2(4-07) measuring 9 Bighas and 3 biswas situated in revenue Estate of Village Chattarpur, tehsil Haus Khas, New Delhi now known as House No.3, Ashoka Avenue, Chattarpur Farms, Mehrauli, New Delhi-110074 in the name of my brother Sh. Arjun Vishnu Kirpalani, S/o Late Sh. Vishnu Hiranand Kirpalani, R/o House No. 3, Ashoka Avenue, Chattarpur Farms, Mehrauli, New Delhi-110074 (Brother) as per registry details given below:

Registry 1: Khasra no. 1494-1 Bigha and 4 Biswas Registered via Sale Deed 7th Day of October, 1965 by Shri Mukat Ram Budhwar son of Shri Bihari Lal as VENDOR. Registered via Sale deed dated 07.10.1965 vide Registered No. 6554 in Additional Book no. 1, Volume No. 1406 on pages 139 to 141 dated 15.10.1965 through Sh. Mukat Ram Budhwar.

Registry 2: Khasra no 1494-3 bighas 12 biswas Khasra no 1495-4 bighas and 07 biswas

The 2nd Registry on Khasra No. 1494 and 1494 is made on 7th October 1965 by D.L.F. Housing & Construction Private Limited, a joint stock company with registered office F-Block Connaught Place, New Delhi 110001 by Shri Ram Kishan Jain, M.Sc. son of Shri Banarsi Dass, Secretary of the said company. Under Power of Attorney registered as No. 516/237 in additional book No. IV, Volume No. II on pages 174 to 178 on 6th Day of Septemb