Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 19.02.2019
+ TEST. CAS. 32/2017
MRS. RITA BISWAS ..... Plaintiff
Through Mr. Santosh K. Sethi, Advocate.
versus
STATE (GOVT. OF NCT, DELHI) &ANR ..... Defendant
Through None
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
1. The petitioner has filed this present petition under section 276 of the
Indian Succession Act seeking grant of probate in favour of the petitioner
with respect to the will dated 08.12.2015 which was executed by Late Smt
Renuka Guha (hereinafter referred to as “the deceased”) who has expired
on 19.12.2015 in New Delhi
2. It has been averred in the petition that the deceased was the wife of
Late Sh. Subimal Guha who pre-deceased her and mother of the petitioner
and respondent no. 2.
3. The matter first came up for hearing before this court on 30.05.2017,
where notice was issued to the respondents. Learned counsel for respondent
no. 1 accepted notice and was directed to file the valuation report with
nd
respected to the subject properties (i.e. 6F Surah 2 Lane, Plot 9 & Plot 10
TEST. CAS. 32/2017 Page 1 of 3
nd
of Surah 2 Lane, Beliaghata, Kolkata). Thereafter, on 23.11.2017 learned
for respondent no. 2 appeared and prayed to file objection to the petition
within due course. Despite sufficient opportunity no one appeared for
respondent no. 2 and their right to file objections to the present petition was
closed by this court on 06.04.2018. Valuation Report qua properties at
Beliaghata, Kolkata was filed as noted by this court on 11.02.2019.
4. Essentially, the case of the petitioner is that the petitioner and
respondent no. 2 are the daughters and the only legal heir of the deceased.
The petitioner is the eldest daughter. It is stated in the petition that the
deceased was married to Sh. Subimal Guha, who pre-deceased her on
01.01.1987. Thereafter the deceased shifted to Delhi and started living with
the petitioner. It is further stated that on 08.12.2015, the deceased executed a
registered will in favour of the petitioner, whereby the petitioner was made
the sole beneficiary of the properties at Beliaghata, Kolkata.
5. The petitioner has also annexed affidavits of Ms. Geeta Devi and Mr.
Proneet Biswas, who are witnesses to the said will dated 08.12.2015. A
perusal of the affidavit of Ms. Geeta Devi shows that she was a care taker of
the deceased and knew the deceased for long time. Affidavit of Mr. Pronnet
Biswas shows that the deceased was the maternal grandmother and knew the
deceased since his birth. Both the affidavits states that the will was the last
testament of the deceased and the deceased had affixed her signature in the
presence of both the witnesses. The said will was duly executed and
registered on 10.12.2015 vide registration no. 2143, Book no. 3, Volume
No. 2092 at the office of the Sub-registrar V, Mehruali, New Delhi. It is also
stated in the affidavits that the deceased was in sound mind when the will
was executed in front of them.
TEST. CAS. 32/2017 Page 2 of 3
6. I have heard the learned counsel for the petitioner and have perused
the documents annexed to this petition. As there are no contesting
respondents in the present petition, I see no impediment in granting probate
of will dated 08.12.2015 in favour of petitioner.
7. In view of the above, this court is satisfied that the petitioner is the
eldest daughter of the deceased and has succeeded in proving that the
deceased had executed the will dated 08.12.2015 in sound deposing mind.
The petitioner has further proved that the said Will was the last testament of
Late Smt. Renuka Guha. Ms. Geeta Devi and Mr. Proneet Biswas, attesting
witnesses to the will, have identified their signatures and the signature of the
deceased in the said will.
8. In this view of the above, I hold that the petitioner has been successful
in proving due execution and attestation of the Will dated 08.12.2015 of
Late Smt. Renuka Guha. Since the petitioner is the sole executor/beneficiary
of the Will, a probate is issued in favour of the petitioner subject to her
furnishing the requisite court fees in terms of the valuation report and
execution of administration and surety bond.
9. No orders as to cost. Petition is disposed off
JAYANT NATH, J.
FEBRUARY 19, 2019/ss
corrected & released on 13.03.2019
TEST. CAS. 32/2017 Page 3 of 3