SIMRIT SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Petitioner has filed this petition under Section 276 read with Section 222 of the Indian Succession Act, 1925 (for short hereinafter referred to as the "Act") for grant of probate of Will dated 10May, 2006 of Late Shri Gautam Singh (for short hereinafter referred to as "Testator"). As per the petition, Late Shri Gautam Singh died on 19June, 2010. At the time of his death testator was a permanent resident of Delhi. He has left behind petitioner, Mr. H.B. Singh and Ms. Jasvinder Kaur, as his legal heirs. Petitioner is mother of the testator; whereas respondent No. 2 Mr. H.B. Singh and respondent No. 3, Ms. Jasvinder Kaur are father and widow of testator. State has been impleaded as respondent no. 1. Testator had solemnized court marriage with the respondent no.3 on 11February, 2003 at New Delhi, in presence of the witnesses. At the time of her marriage, respondent no.3 was a divorcee with six years old child. After sometime, relations between the testator and his wife, that is, respondent no.3, became sour and she walked out of the matrimonial home sometime in the month of August, 2003. Testator owned and possessed a Fixed Deposit Receipt (FDR) of '43,00,000/-(Rupees Forty Three Lacs Only) issued by HDFC Bank, South Extension, Part II Branch, New Delhi. Testator was also maintaining a Saving Bank Account with the same bank, wherein a sum of '1,08,308/-(Rupees One Lac Eight Thousand Three Hundred and Eight Only) was lying deposited at the time of death of testator. Details of the FDR and Saving Bank account have been given in para 6 of the petition. It is alleged that Testator had made a Will dated 10May, 2006 declaring to be his last Will and testament. Will dated 10May, 2006 was made by the testator in the presence of two attesting witnesses, namely, Brigadier (Retd.) D.S. Khurana and Dr. Priti Sarin Dhawan. By virtue of this Will, testator has bequeathed all his moveable assets to his mother, that is, the petitioner.

(2.) After service of notice, respondent nos. 2 and 3 have appeared in Court. Respondent no. 2 has not opposed the grant of probate of Will dated 10May, 2006 to petitioner. He has filed his "No Objections". As regards respondent no. 3, initially she filed "objections" on 13January, 2011.

(3.) Issues were framed on 26July, 2011. However, subsequently matter was referred to the Delhi High Court Mediation and Conciliation Centre, where petitioner and respondent no. 3 have arrived at an amicable settlement which has been recorded in the Settlement Agreement dated 28April, 2012. In view of the settlement, respondent no. 3 sought permission to withdraw her "objections" by filing an application being IA No. 8761/2012 under Section 151 Code of Civil procedure, 1908 (for short "CPC"). This application has been allowed vide order dated 11May, 2012 and respondent no. 3 has been permitted to withdraw "objections", inasmuch as, issues have been recalled.