ASHISH GUPTA Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Sec. 276 of the Indian Succession Act, 1925 for grant of probate in respect of the last valid and legal Will dtd. 10/2/2021 of late Shyam Sunder.

(2.) It is alleged the last Will/testament has been validly executed by the testator and has been duly registered with the Sub Registrar-V(I), Delhi. The family tree of deceased Shyam Sunder is given in para No.2 of the petition. He was survived by his wife Urmila Devi/respondent No.2; his son Ashish Gupta/ petitioner; his daughter Nidhi Bansal/respondent No.3; and another daughter Neeti Khandelwal/respondent No.4. It is alleged there is no impediment in grant of probate in respect of the Will dtd. 10/2/2021 of deceased Shyam Sunder as the class I legal heirs of deceased have no objection to the Will and accepted it and request for grant of probate. The wife of deceased as also his children who are parties to this petition have no objection for grant of probate and the bequest granted therein. The respondents No.2 to 4 have executed and filed their affidavits of no objection before this Court and have also filed consolidated written statement wherein they have not raised any objection for grant of probate in respect of the Will dtd. 10/2/2021.

(3.) The Will dtd. 10/2/2021 is annexed as Annexure A along with the documents. A bare perusal of the said Will dtd. 10/2/2021 would show deceased Shyam Sunder was the sole, absolute and exclusive owner of the moveable and immovable properties, including 1/3rd of the property bearing No.21, Sunder Nagar, New Delhi-110003 (hereinafter referred as subject property) which is bequeathed in favour of the petitioner herein to an extent of 1/3rd undivided share. The petitioner has also been appointed executant under the Will dtd. 10/2/2021. The schedule I to this petition describes the property as No.21, Sunder Nagar, New Delhi 110003 to the extent of 1/3rd undivided share with beneficiary Ashish Gupta/petitioner herein. The deceased Shyam Sunder was an ordinary resident of this property, hence this Court has the jurisdiction to entertain this probate petition.