SANTOSH BILANEY Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Sections 276 and 234 of the Indian Succession Act, 1925 seeking grant of probate of the entire estate of Late Smt. Kamala V. Bilaney.

(2.) IT is averred in the petition that Smt. Kamala V. Bilaney (hereinafter referred to as the deceased), W/o Late Shri Vithal Bilaney died on 28.02.2010 at New Delhi. Copy of her death certificate is annexed as Annexure P -1. The petitioner is the son of the deceased and thus, a beneficiary under the Will dated 10.04.2000 executed by the deceased. The Will dated 10.04.2000 is annexed as Annexure P -2 along with the petition. The respondent Nos. 2, who is the daughter of the deceased and respondent No.3, who is the daughter of the petitioner and granddaughter of the deceased, are also the beneficiaries under the Will dated 10.04.2000.

(3.) THERE is no dispute regarding the Will dated 10.04.2000 being the last and final Will of the deceased. The petitioner is seeking probate in respect of the above estate/property of the deceased with the consent of respondent Nos. 2 and 3, who have given their no objection by way of affidavits in which they have stated that the deceased was the owner of the moveable and immovable properties the details of which are mentioned in the Will dated 10.04.2000, which was executed by Late Smt. Kamla V.Blaney as her last Will and they have no objection if the will is probated in favour of the petitioner. Copies of all the above mentioned no -objection certificates are placed on record.