Test Case No. 21/2007. Case: Shri Amarjit Singh Vs State. High Court of Delhi (India)
| Case Number | Test Case No. 21/2007 |
| Counsel | For the Appellant: Sunil Aggarwal, Adv. |
| Judges | S.N. Aggarwal, J. |
| Issue | Indian Succession Act, 1925 - Section 276 |
| Judgement Date | May 18, 2009 |
| Court | High Court of Delhi (India) |
Judgment:
S.N. Aggarwal, J.
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This is a petition under Section 276 of the Indian Succession Act, 1925 filed by the petitioner for grant of probate of registered will dated 28.02.1995 allegedly executed by his paternal uncle late Shri Joginder Singh. At the time of his death he was survived by his widow Smt. Nirmal Kaur, who is also stated to have died during the pendency of the present probate proceedings on 30.03.2007.
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After the death of the widow of the deceased testator, his other Class-II legal heirs being his brother and three sisters were brought on record. An amended list of relatives of deceased testator was placed on record which includes the name of deceased testator's brother and three sisters. Notices of the present proceedings were sent to all of them and in response to notices sent to them they have filed their no objection to the grant of probate of the will dated 28.02.1995 of deceased testator Shri Joginder Singh to the petitioner. Their no objections are Exs. PW1/3 to PW1/6.
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Citation of the present petition was got published in "The Statesman" of 18.05.2007 Edition. Notice was also sent to the Chief Controlling Revenue Authority for furnishing the valuation report qua the estate of the deceased testator. In response to the notice sent to the Chief Controlling Authority, SDM, Narela has filed his valuation report regarding the estate left by the deceased testator which is available in Part-I file.
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None of the relatives of the deceased testator has filed any objection against the will propounded by the petitioner in the present petition. The petitioner has proved the will dated 28.02.1995 of his paternal uncle late Shri Joginder Singh by filing his own affidavit and the affidavit of one of the attesting witnesses of the will, namely, Shri Narender Singh, S/o Shri Hukum Singh. Both these affidavits filed by the petitioner in evidence to prove the will in question have been tendered in the statement of the petitioner and the statement of the attesting witness recorded before the Joint Registrar as documents Ex.PW1/A and Ex.PW2/A respectively.
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I have heard the arguments of Mr. Sunil Agarwal, learned Counsel appearing on behalf of the petitioner and have also gone through the entire case file carefully.
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The will propounded by the petitioner in this petition is Ex.PW1/2. This is a duly registered will shown to have been executed by the deceased testator Shri Joginder Singh in presence of the two attesting witnesses...
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