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 Indian Succession Act.

ORDER

Chandra Dhari Singh, J. (Oral)

I.A. 9243/2022

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. 77/2021

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 No. B-28, Greater Kailah Part I, New Delhi-110048 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 the House No. B-28, Greater Kailah Part I, New Delhi-110048 admeasuring 1000 Sq Yards along 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 House No. B-28, Greater Kailah Part I, New Delhi-110048 admeasuring 1000 Sq Yards along with superstructure thereon 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 as follows:

The property bearing House no. B-28, Greater Kailash Part-I, New Delhi-11 0048 comprising plot of land measuring 1000 Sq yards along with superstructure thereon vide Sale deed dated 06.12.1961, Registered No 8878 in Additional Book no. I, Volume no. 739, on Pages 67-68, on 15.12.1961 in Sub Registrar, New Delhi from DLF Housing and Construction Private Limited. DLF Housing and Construction Private Limited the VENDOR had its office at F Block Connaught Place, New Delhi and executed the sale deed through its Company Secretary and General Power of Attorney Shri Ram Kishan Jain, son of Shri Banarsi Dass Jain. The Power of Attorney is dated 5th September 1956 and registered as No 516/237 in office of Sub Registrar(Nazul) Sub Dist Delhi in Addl Book No. IV Volume No. 11 on pages 174 to 178 on 6th Day of September 1956.

I am executing this no objection to be submitted to the concerned government authorities.

7. The Valuation Report in respect of the said property is as under: