AMIT KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition under Section 276 of the Indian Succession Act, 1925 seeks probate of the document dated 5th September, 2000 claimed to be the validly executed last Will of deceased Balwant Bhai Patel, resident of House No.2967/A, Dharampura Gali No.2, Gurudwara Gali, Kailash Nagar, Gandhi Nagar, New Delhi, who died on 21st January, 2014 leaving the petitioner as his son and the respondents no.2 to 4 viz. (a) Anjana Ben Joshi, (b) Pinki Ben Patel and (c) Naina Birendra Kumar Patel as his daughters, as his only natural heirs, his wife Jai Shree Ben Patel having pre-deceased him on 6th May, 2000.

(2.) The petitioner, in the petition itself pleaded that the document dated 5th September, 2000 did not name the petitioner or anybody as executor thereof and he was filing this petition as a beneficiary. Though in accordance with Section 222 read with Section 276 of the Indian Succession Act a petition seeking probate did not lie and in accordance with Section 278 read with Section 232 of the Indian Succession Act only a petition seeking Letters of Administration with document claimed to be the Will annexed thereto, could have been filed but without noticing the said aspect, on 27th October, 2016 when the petition came up first before this Court, notice thereof was ordered to be issued and citation ordered to be published with direction to the respondent no.1 to file valuation report.

(3.) The order dated 6th July, 2017 records the appearance of the advocate for the respondent no.2 who sought time to file reply. The orders dated 27 th August, 2019 and 27th September, 2019 record that none had appeared for respondents no.3 and 4 despite service and the respondent no.2, though earlier appeared through an advocate had stopped appearing and had not filed any reply / objections. Though there is no order recording that citation had been published but the record reveals that citation as ordered was published. None filed objections in response thereto also. Accordingly, vide order dated 27th September, 2019, the petitioner was relegated to lead evidence.