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2008 DIGILAW 1 (DEL)

Rakesh Suri v. State

2008-01-03

SHIV NARAYAN DHINGRA

body2008
ORDER: JUSTICE SHIV NARAYAN DHINGRA 1. This petition has been filed under Section 276 of Indian Succession Act for grant of probate of a Will of Late Mrs. Ved Kumari Suri executed by her on 5.12.1996. The Will is a registered Will registered with the sub-Registrar on 5.12.1996. It is in the hand of Mrs. Ved Kumari Suri and is signed by 2 attesting witnesses, namely, Mr. R.C. Khanna and Dr. Supriya Arora. Dr. Supriya Arora, while attesting the Will also recorded that she had examined the testator and found her in sound deposing mind having fully understood the contents of the Will. 2. Mr. R.C.Khanna, the other witness also gave note before attesting the Will that Will was signed by Mrs. Ved Kumari Suri as her last Will in his presence and the executor and the witness signed the Will in presence of each other. Mrs. Ved Kumari Suri along with the Will annexed duly attested photographs of the beneficiaries. The petition was accompanied by an affidavit of Mr. R.C.Khanna, one of the attesting witnesses. Notice of this petition was sent to all the legal heirs. Objections were filed to the Will by Mr. Anoop Kumar Suri, Mr. Raj Kumar Suri and Mr. Saneh Malik. Rest of the respondents filed no objections to the Will. Mr. Anoop Kumar Suri propagated another Will dated 27.9.1997 allegedly executed by Mrs. Ved Kumari Suri. This Will was not a registered Will. During the pendency of the probate proceedings, the parties were referred to Delhi High Court Mediation and Conciliation Center where the parties resolved and settled their disputes and signed a memorandum of agreement on 27th April, 2007. This memorandum of agreement has been made part of the proceedings being a settlement between the parties. The objections filed by Mr. Raj Kumar Suri, Mr. Anoop Kumar Suri and others were withdrawn thereafter. 3. In order to prove the Will, the petitioner examined himself and Mr. R.C. Khanna and Dr. Supriya Gulati (Arora), the two attesting witnesses. The attesting witnesses proved the execution of the Will by Mrs. Ved Kumari Suri. Their testimony has gone unchallenged. 4. The Will of Mrs. Ved Kumari Suri dated 5th December, 1996 has, therefore, been duly proved by examination of attesting witnesses, I consider that the Will dated 5th December, 1996 is the genuine and truthful Will of Mrs. The attesting witnesses proved the execution of the Will by Mrs. Ved Kumari Suri. Their testimony has gone unchallenged. 4. The Will of Mrs. Ved Kumari Suri dated 5th December, 1996 has, therefore, been duly proved by examination of attesting witnesses, I consider that the Will dated 5th December, 1996 is the genuine and truthful Will of Mrs. Ved Kumari Suri and the petitioner is entitled to probate of the Will. 5. The petition is allowed. The petitioner is granted probate of the Will dated 5th December, 1996, subject to the petitioners filing necessary Court fee on the value of the movable and immovable properties as stated in the Will. The letter of probate be issued to the petitioner in respect of Will dated 5th December, 1996 on petitioners filing a surety bond and necessary Court fee.