Rajan Suri & Anr. v. The State

1. Whether the Reporters of loeal papers may be allowed to see the judgment?

2. -f o be referred to Reporter or not?

3. Whether the judgment should be reported in the Digest? c.s.stsrANt, t. (oRAL)

1. Present petition has been filed by the sons of late Sh. Banarsi Lal Suri under Section 276 of the Indian Succession Act, 1925, seeking. probate of the Will dated 25.1-2006 executed by late Sh. Banarsi Lal Suri. As per the petition in addition to the petitioners late Sh. Banarsi left behind his widow and two married daughters. Petition is supported by the affidavit of both the attesting witnesses, Sh. Satish Kumar Ghai and Sh. Purshottam LalJerath.

2. In this case, notice was issued to the Chief Controlling Revenue Authority situated at New Delhi and U.P. for submission of valuation report qua the estate of the deceased. Publication was also directed to be made in The Statesman, English edition, and Navbhrat Times (Hindi edition) having circulation in Nc:w Delhi ancl National Herald (English edition) and Dainik Jagran (Hindi edltiotr) having circulation in UP. Copies of citations have been placed on, TEST.CAS. 39/2007,a-'. II \,* 2011:DHC:18423 \rl record

3. Learned counsel for the plaintiff submits that valuation reports have since been received and the near relations have filed their affidavits wherein they have stated that they have no objection if the probate is granted with respect to the will of deceased sh. Banarsi Lal Suri dated 25.L.2006. Petitioner no.1 has filed his affidavit by way of evidence. Affidavit has also been filed by sh. Purshottam Lal Jerath, one of the attesting witnesses to the Will. PW-1, sh. Rajan suri, one of the petitioners, have deposed that sh. Banarsi Lal Suri died on 27.4.200G at New Delhi. The death certificate has been exhited as Exhibit A-1. pw-1 has further deposed that sh. Banarsi Lal suri was of sound disposing mind when he executed the will dated 25.r.2006, which was duly registered on the same date. certified copy of the will dated

25. I.2006 has been exhibited as Ex.A-3 and the list of self-acquired assets left behind the deceased has been exhibited as Exhibit A-4. PW-2, Purshottam Lal Jerath, oire of the attesting witnesses to the will dated 25.1.2006 has deposed that he was present at the time of execution of the will by late sh. Banarsi Lal suri on 25.r.2006 when he affixed his signatures on the original Will dated 25.1.2006 of his own free will on each page in his presence and in the presence of other witness, Sh. Satish Kumar Ghai, who also signed. as an attesting witness on the Will in the presence of PW-2. He further deposed that the Will dated 25.1.2006 was signed in the I TEST.CAS. 39/2007 Page 2 of j 4. presence of ea-ch other and at the time of signing the aforesaid Will testator Sh. Banarsi Lal suri was of sound and disposing mind. This witness has further deposed that the said will was registered by the deceased on the same date and he deposed that Annexure A-3 is the correct copy of the aforesaid Will date d 25.1.2006. ln view of the testimony of the petitioner and the attesting witness, it is proved that shri Banarasi Lal suri executed will dated 25.01.2006 which was his rast will. Accordingly, the present petition is allowed. on filing the necessary court Fee, probate be granted in favour of the petitioner. Petition stands disposed of. {^ v

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