MADAN MEHTA Vs. STATE

JUDGEMENT

(1.) The petitioners being the the executors of of the 'Will' have filed the present petition under Section 276 of the Indian Succession Act and for grant of probate with resect to the estate of Smt.D.A.Shahani @ Lalri Shahani, wife of late Lt.Col.J.N.Shahani, who died on 31st May, 2001, on the basis of her 'Will' dated 5th January, 1991.

(2.) The testatrix Smt.D.A.Shahani left her last 'Will' and testament dated 5th January, 1991 bequeathing her entire moveable and immovable assets in favour of Radha Soami Satsang, Beas (in short the Satsang), a society registered under the Societies Registration Act, of which she was a deciple. Her husband died in or about 1955 and there was no issue from the marriage. Her only legal heir is her sister Smt.Renu Thadani, who has filed her No Objection Certificate to the grant of probate in favour of the petitioners.

(3.) Notice of the petition was issued to the State and the relations/respondent through publication in the newspaper 'Statesman' and by displaying the notice on the notice board. Notice was also issued to the Chief Revenue Controlling Authority for valuation report. Respondent No.2 Shri V.K.Sethi was reported to have expired after filing of the petition. Shri V.K.Sethi was one of the executors named in the 'Will' and was only impleaded as a proforma respondent and no relief was claimed against him. The petitioners are also the named executors of the 'Will'. Since there was no opposition to the petition, evidence was taken by way of affidavits. Petitioner No.2, Shri Pramod Ahuja., Shri Sewa Singh and Shri Bul Chand Vishain Dass Navin, attesting witnesses of the 'Will' have filed their respective affidavits by way of evidence.