TEST.CAS.--72/2014. Case: SHALINI CHADHA & ORS Vs. STATE & ORS. High Court of Delhi (India)

Case NumberTEST.CAS.--72/2014
CitationNA
Judgement DateJuly 24, 2017
CourtHigh Court of Delhi (India)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on: 19th July, 2017

Pronounced on: 24th July, 2017

+ TEST.CAS. 72/2014

SHALINI CHADHA & ORS ..... Petitioners

Through : Mr.Gurjit Singh, Advocate.

versus

STATE & ORS ..... Respondents

Through : Ms.Swati Singh Malik

Mr.Himanshu Latwal, Advocates.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

YOGESH KHANNA, J.

  1. This is a petition under Section 278 of the Indian Succession Act, 1925 for grant of probate/letter of administration in respect of the last Will and testament dated 20.12.2012 executed by

    Sh.Deepak Chadha.

  2. The petitioner No.1 Smt.Shalini Chadha is the wife of deceased and whereas the petitioner No.2 is the business partner of the deceased. The deceased Deepak Chadha s/o late Sh.Kailash Chand Chadha, resident of 10/1, Punjabi Bagh Extension, Delhi 110026 expired on 02.02.2013 at Medanta – The Medicity Hospital, Gurugram, Harayana. He was a Hindu and at the time

    TEST.CAS.72/2014 Page 1 of 4

    his death he left behind – petitioner No.1 – his wife; Mr.Shivank Chadha – his son; and Ms.Khushi Chadha – his daughter. properties which he bequeathed by his Will dated 20.12.2012 enumerated in paras No. 5 & 6 of the petition.

  3. The petitioners claim the Will dated 20.12.2012 of deceased is his last Will and is made of his free will, desire and sound disposing mind. One of the attesting witness namely Mr.Ravinder Bhasin s/o Shri Shiv Narain Bhasin, r/o 22/12, Punjabi Bagh Extension, New Delhi has also given a declaration, annexed to this petition. The legal heirs of the deceased have given their no objections to the grant of probate/Letter Administration. Since Ms.Khushi Chadha – daughter of deceased was a minor at the time of filing of this petition, she also filed her affidavit – cum – no objection dated 24.05.2017 after she had attained the age of majority”.

  4. The citation was published in newspaper ‘Statesman’

    08.08.2014.

  5. The petitioner No.1 has examined herself as PW1 proved her evidentiary affidavit Ex.PW1/A in support of petition. She also proved the death certificate of her husband deceased Deepak Chadha as Ex.PW1/1; his original Will

    20.12.2012 as Ex.PW1/2; her Aadhaar Card as Ex.PW1/3; copy the surviving members’ certificate as Ex.PW1/4; the certificates of the parents of deceased Deepak Chadha as Ex.PW1/5

    TEST.CAS.72/2014 Page 2 of 4

    and Ex.PW1/6.

  6. The petitioner No.2 has examined himself as PW2 proved his evidentiary affidavit as Ex.PW2/A; the Will

    20.12.2012 as Ex.PW1/2; and his...

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