Full Text
Date of decision 8.8.2013
RAJIV SINGHAL & ORS ..... Petitioners
Through Mr.Subodh K.Pathak and Mr.Rohit Agarwal, Advocates alongwith petitioners in person
Through Mr.Arjun Pant, Advocate for R-1 Mr.Sashi Ranjan, Mr.Yash Anand and
Mr.David A., Advocates for D-2 and D-3
JUDGMENT
1. The present Petition is filed for probate under Section 278 of the Indian Succession Act, 1925 for Will dated 26.11.2001 executed by late Shri Nand Kumar Singhal. The petitioners No.2 and 3 are the sons of petitioner No.1 and the grandson of late Shri Nand Kumar Singhal. Respondent No.2 is the wife of deceased whereas respondent No.3 is the daughter. They are the only Legal Heirs of late Shri Nand Kumar Singhal. Respondents No.2 and 3 have filed an Affidavit giving their consent to the Probate of the Will. The deponent Shri Nand Kumar Singhal died on 07.04.2007. A copy of death certificate issued by the Municipal Corporation of Delhi is place on record as Annexure P-3.
2. The Will has been duly registered in the Office of Sub Registrar as document No.13132, Book No.3, Volume No.226 dated 26.11.2001. 2013:DHC:3985 Shri Nand Kishore Singhal is stated to have died in Delhi on 7.4.2007. The proclamation was issued in the ‘Statesman ’ (New Delhi edition) and ‘Aaj’ (U.P.edition). Affidavits of Mr.Manoj Rastogi and Mr.Sanjay Gupta the two attesting witnesses have been filed. The said witnesses have deposed that the Will dated 26.11.2001 was signed and executed by the aforesaid late Shri Nand Kumar Singhal in their presence. They have also signed the Will in the presence of the testator. The said late Shri Nand Kumar Singhal is stated to have signed the Will in sound disposing mind. The two attesting witnesses have identified the signatures of late Shri Nand Kumar Singhal on the Will dated 26.11.2001.
3. The petitioner Shri Rajiv Singhal has also filed his Affidavit. In his first Affidavit filed on 01.10.2010, the deponent/petitioner no.1 has stated that he raises no claims with regard to property situated at Sabzi Mandi, Malkaganj, Delhi and ancestral joint property situated at Jansath, District Muzaffar Nagar, Uttar Pradesh. In a second Affidavit dated 23.03.2011, he has also given up his claim pertaining to property bearing no. B-122, Phase-1, Noida.
4. In view of the above, the petitioners have successfully proved the execution of the Will of late Shri Nand Kumar Singhal dated 26.11.2001 and that he has signed the Will in the presence of attesting witnesses who have also signed in his presence and in the presence of each other. He has signed the Will while in sound disposing mind.
5. The valuation report dated 24.03.2011 of the property at Sarv Priya Vihar, New Delhi has been filed by the Assistant Collector, Gr-II, Hauz Khas.
6. Accordingly, the petition is allowed and probate of the Will dated 26.11.2001 is granted subject to valuation report of the property, payment of requisite court fees according to valuation and furnishing of Administration Bond by the petitioner no.1. JAYANT NATH, J August 8, 2013 n Order signed today i.e. 1st November, 2013.