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TEST.CAS. 29/2013
Date of Decision: 10.09.2014 C.S VAIDYANATHAN .... Petitioner
Through: Mr.Harish V.Shankar and Mr.Shashank, Advs.
Through: Nemo.
V.K. SHALI, J.
JUDGMENT
1. This is a petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of Will dated 15.05.2009 of Shri Madanjeet Singh in which the petitioner has been named as executor.
2. Briefly stated that facts of the case are that the present petitioner has claimed himself to have been appointed as the executor of the Will dated 15.05.2009 of Shri Madanjeet Singh, Indian Citizen, Ordinary resident of Villa Surya, 23, Bd, Alsacre Lorraine 063310, Beaulieu-sur- Mer, France. 2014:DHC:4565
3. The present petition has been filed for grant of Probate in respect to the last Will and Testament of Shri Madanjeet Singh who died on 06.01.2013. He was an Indian citizen but ordinary resident of Villa Surya, 23, Bd, Alsacre Lorraine 063310, Beaulieu-sur-Mer, France. The schedule of property bearing Residential Plot No.33, Block-A, Vasant Vihar, New Delhi admeasuring 1960 square yards as per the Will dated 15.05.2009 has been filed as Annexure A-1 to the petition. The Schedule of Class-I legal heir of late Sh.Madanjeet Singh being Sh.Mahendrajeet Singh has been filed as Annexure A-2 to the petition. In the said affidavit, it is averred by Mr.Mahendrajeet Singh that his late father Sh.Madanjeet Singh has left a Will dated 15.05.2009 in respect of his property at 33, Block A, Vasant Marg, Vasant Vihar, New Delhi whereby the said property is to devolve on the South Asia Foundation, India and that he has no objection to the grant of probate of the Will and to the contents of the Will being given effect to. It is also averred in the affidavit that he has no claim whatever in regard to the said property and that there is no other legal heir of late Sh.Madanjeet Singh who has any claim to the said property.
3. I have perused the record and I am satisfied that the Will dated 15.05.2009 has been proved beyond doubt by the petitioner.
4. Under these circumstances, the present petition is allowed. The probate is granted in favour of the petitioner qua the Will dated 15.05.2009 in respect of the suit property of the deceased on the petitioner filing the requisite court fee and furnishing administrative bond with one surety to the satisfaction of the learned Registrar General of this court.
5. The petition stands disposed of. V.K. SHALI, J. SEPTEMBER 10, 2014 dm