VIJAY SINGHANIA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition was filed by the petitioner/executor (appointed by the Testator) under Sec. 276 of Indian Succession Act, 1925 read with Sec. 151 of Code of Civil Procedure, 1908 seeking grant of a Certificate of Probate in respect of the Last Will and Testament dtd. 18/3/2019 of late Mr. Vijay Goel.

(2.) The present petition has been filed by the petitioner on behalf of Testator, who passed away on 23/6/2019 after suffering from chronic kidney disease V. The testator executed his Will and Testament dtd. 18/3/2019 prior to his demise with regard to his assets, including moveable and immoveable properties, which was witnessed by two independent witnesses, however, the testator passed away without registering the aforesaid Will. Therefore, after demise of Testator, as per Sec. 40 of the Registration Act, 1908, the wife of testator, i.e. respondent No.2, presented the said Will before the Sub Registrar, SR V A, Hauz Khas, New Delhi for registration and the same was registered on 13/12/2019 in presence of two witnesses. At the time of demise, the testator was survived by the Class I legal heirs, i.e. respondent Nos.2 to 5.

(3.) Learned counsel for petitioner submits that the aforesaid Will and Testament dtd. 18/3/2019 accurately describes the immovable and movable properties left behind by the testator. A Family Settlement dtd. 9/9/2016 was entered into between the testator, respondent No.5 who is mother of testator and his brother, namely, Mr. Ajay Goel, wherein they agreed to divide the moveable and immoveable assets among themselves as mentioned in the said Settlement.