Preeti Jain & Anr v. State & Ors

1. This joint petition seeks probate in respect ofa Will dated IS''^ April, 2000 made by Mrs. Sudesh Jam (hereinafter called "the Testatrix").

2. The first petitioner is the daughter-in-law of the testatrix and the second petitioner is the son of the first petitioner. It is submitted that by the Will, the testatrix had made a dispositions of her properties which includes House No.190, Tagore park. Model Town, Delhi, in favour of the petitioners. A copy of the death certificate in support of demise of the testatrix is armexed with the petition. The petition also discloses the names of the other legal heirs and representatives of the testatrix. They have been impleaded as Respondent Nos. 2 to 5. It is submitted that the said legal representatives/respondents have no objection to the grant of probate. Test Gas No.35/2010 PageNo.lofS (b 2010:DHC:15468

3. The Will, produced as Annexure P-1 and formally exhibited as PW-l/A on 4.10.2010 is stated to have been attested by Mr. S.B. Mathur and one Mr. Sudama Arora. It is stated that the suit property was the testatrix's self-acquired property and that she wished to bequeath it to the present petitioners. The affidavit of one of the attestmg witnesses Shri S.B. Mathur was filed in compliance of the provisions of Section 281 of the Indian Succession Act at the time the present proceeding was initiated. Said Shri S.B. Mathur later deposed in favour of the Will and identified the signatures of the testatrix as well as his signatures. By his statement dated 4.10.2010, Shri Mathur, PW-1 submitted that the testatrix had signed the Will mhis presence and ua the presence ofMr. Sudama Arora. The other attesting witnesses and that both of them had signed in the presence of each other and the testatrix.

4. Pursuant to the notices issued in these proceedings, respondents No.2 to 5 appeared and filed no objection statements of the affidavits. The statement of Shri Rohit Jain, the fifth respondent stating that he had no objection to the grant of probate to the present petitioner was recorded on 4.10.2010. Likewise, the statements of the other respondents i.e. respondents No.2 to 4 Shri, Bhushan Jain, Shri Vikas Jain and Shri Gaurav Jain were recorded on 1.11.2010. They too deposed that they had no objection to the grant of probate to the present petitioner and further supported the affidavits filed by them.

5. Having considered the entire material and the pleadings on record, the Court is satisfied that the testatrix signed the Will in accordance with law and that the same was duly attested as deposed by the attesting witness ShriS.B. Mathur. In the circumstances, Test CasNo.35/2010 Page No.2 of 3 the Court sees no impediment in the grant of probate to the petitioner and accepting the Will as having been duly signed. The Court at the same time notes that the testatrix did not constitute or nominate any executor. In the circumstances, by virtue of Section 235 oftheIndian Succession Act, the Court is of theopinion thatthe first petitioner should be appointed as Administrator, to carry out the mandate in the Will.

6. The petitioner be issued Letters of Administration along with copy of the Will to be issued in favour of the first petitioner subject to her furnishing Administration and Security bonds to the satisfaction of the Registrar. The petitioner shall also pay the differential Court fees between what was paid and the amount payable pursuant to tlie valuation granted by the Revenue Authority for a sumof Rs.89,50,140/-.

7. List before the Joint Registrar on 15^^ November, 2010 for further proceedings to enable the petitioner to take steps in accordance with the directions. The petition Test Cas No.35/2010 is allowed in the above terms.

S. RAVINDRA BHAT,J