Urmila Lanba v. State & Ors.

1. The present petition is filed under section 276 of the Indian Succession Act, 1925 seeking grant of probate of the Registered Will dated 19.5.2012 of Smt. Nina Anand who expired on 10.8.2012. The said Snit.Nina Anand has died leaving no Class I Legal heirs inasmuch as her husband died before her and she had no children. The present petition is filed through one of the Executors of the Will. The present petition is supported by the Affidavits of Major Karun Khanna and Mr.Joginder Singh Tokas. Both of them were attesting witnesses to the said Will dated 19.5.2012. Citation was ordered to be issued in the Times ofIndia Delhi and Garwal Post. The said citations have been carried out in Times ofIndia Delhi on 5.3.2013 and in Garwal Post on 2.3.2013. No objection was filed on behalfof respondents No.4 and 6. Respondents No.2,[3] and 5 havefiled a Test CAs.86/2012 Page 1of[3] 2013:DHC:8610 replystating thattheyhave no objection to the grantofthe present petition.

2. The petitioner Mrs. Urmila Lanba has filed her evidence by way of Affidavit, The Affidavit was tendered on 23.7.2013. She has averred that she had witnessed the said Will inasmuch as Mrs.Nina Anand signed the same in her presence. She has also stated that Mrs. Nina Anand was in sound disposing mind and the Will was executed without any undue influence, coercion or fraud and out of her own free will. The will was presented for registration before the Sub Registrar on 15.6.2012.She has also stated that she has seen Mr.Joginder Tokas and Major Karun Khanna ^ signing the Will as attesting witnesses and they were present with her at the time ofregistration ofthe said Will. r-

3. PW 2 Mr.Joginder Singh Tokas has also filed his evidence by way of Affidavit, He also stated that he was one ofthe attesting witness ofthe said Will, He statedthat the Will was signedby Mrs,NinaAnand in his presence and he has also signedthe Will as an attesting witness. The Will has been proved and marked as Exhibit PW 1. The death certificate of Mrs.Nina Anand has been proved and marked as Ex.PW 2, In his presence the Will was also registered before the Sub Registrar. The other witness Major Karun Khanna also signed as an Attesting witness after Mr.Joginder Singh Tokas and he was also present when the Will was tendered for registration. He also said that Mrs,NinaAnandwas in sounddisposingmind.

4. As perthe said Will dated 19.5.2012 the testator had bequeathed her property being third floor including terrace of property No,A-89, Defence TestCAs.86/2012 Page 2of[3] f r V Colony, New Delhi and her share in Sampat Bhawan, Dick Road, Mussoorie, Uttrakhand to her nieces, Aurora Litina and Harbans Litina. The moveables have been bequeathedas given in her Will.

5 In view ofthe above and in view of evidence of PW 1 and PW 2, it is clearthat the Will in question was duly executed by Mrs. Nina Anandin the presence of the attesting witnesses who also signed the Will in their presence and in eachother's presence. When she executed the Will shewas in sound disposing mind.

6. In view of the above, the present petitionfiled by Mrs. UrmilaLanba as the Executor of the Will is allowed. This Court had on 22.1.2013 noted that where severalexecutors are appointed to execute a Will, Probate can be granted to the appointed executors simultaneously. In the present case it is stated that the authorization of the said three executors has been placed on record by the petitioner. Mr.Jitender Pandit and Mr.Zain Pandit have filed their vakalatnama which are on record.

7. Accordingly, petition is allowed and Probate of Will dated 19.5.2012 is granted to the petitioner subject to valuation report of the property, payment of requisite Court Fees according to valuation and furnishing of administrative bond by the petitioner. No Costs. Petition is disposed of -"kjjAic JAYANT NATH, J. OCTOBER 10, 2013 N Signed on 21.12.2013. TestCAs.86/2012 Page 3 of[3]