Veena Pani Jha v. State Govt. of NCT of Delhi

1. The present petition under Section 276 of the Indian Succession Act (hereinafter referred to as “the Act”) seeks grant of probate/letters of administration of Will dated 06.11.2019 of late Shri Shiva Kant Jha (hereinafter referred to as “the Testator”).

2. It is the case of the petitioner that the testator was ordinarily residing at property bearing no. J-351, SFS Flats, Sarita Vihar, New Delhi- 110076 and passed away on 21.09.2020, leaving behind the petitioner, his widow, three daughters and a son. It is claimed that the aforesaid Will dated 06.11.2019 was executed by the testator in the presence of two attesting witnesses namely Shri Ajeet Kumar Jha and Shri Harshvardhan Jha and was the last Will and testament in respect of all his estate left behind by the testator. The details of the immovable properties and movable properties left behind by the testator have been set out in Schedule I annexed to the petition.

3. As already noted hereinabove, the petitioner/Veena Pani Jha is the widow of the testator, late Shri Shiva Kant Jha. All the other legal heirs of late Shri Shiva Kant Jha have given their no-objection affidavits to the grant of probate in favour of the petitioner.

4. Vide order dated 30.11.2021, notice was issued in the present petition on which date, the citation was directed to be published in (The Statesman), Delhi Edition. The said citation was duly published on 28.01.2022 but till date, no objections to the petition have been received from any person whatsoever. The valuation report in respect of all the three immovable properties have been received and are part of the record.

5. In support of her case, the petitioner examined herself as PW-1 on 16.05.2023 when she tendered her evidence by way of an affidavit. Apart from reiterating the averments made in the petition, she has proved the copy of the Will dated 06.11.2019, the death certificate of the testator issued by South Delhi Municipal Corporation on 28.09.2020 as also the three valuation reports. Mr Ajeet Kumar Jha, the attesting witness to the Will examined as PW-2 on the same date, when he not only identified the signatures of the testator on the Will but also categorically stated that he had put his signatures on the Will in the presence of the testator. He further stated that he had witnessed the testator put his signatures on the Will and the other attesting witness had also put his signatures on the Will in the presence of the testator.

6. In the light of the aforesaid, I am of the view that the petitioner has been able to prove the Will as per Section 68 of the Indian Evidence Act, which requires that a Will can be proved by examination of at least one of the two attesting witnesses. The attesting witness namely Shri Ajeet Kumar Jha who was examined as PW-2 had clearly deposed that the testator had signed the subject Will in his presence and the testator was in a sound disposing mind at the time of the execution of the Will. The unchallenged and unrebutted testimony of the petitioner which is supported by the testimony of the attesting witness therefore proves the authenticity of Will dated 06.11.2019.

7. The petition is, accordingly allowed and subject to the petitioner filing the requisite Court fees, administration bond and surety bond, probate of the Will dated 06.11.2019 be granted in her favour.

8. The administration bond and security bond to the satisfaction of the learned Registrar General be filed by the petitioner within six weeks, for which purpose the matter be listed before the learned Registrar General of this Court on 31.10.2023.

9. The petition is, accordingly, disposed of.

10. The petitioner is also granted liberty to apply as per law for return of the original documents filed with the petition.

JUDGE SEPTEMBER 15, 2023