RUBINA Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner through Mr. Ankit Bhattacharya, Special Power Attorney has filed the present petition to seek grant of Probate of the Will dtd. 21/10/2014 of his father Late Shri Subhash Chander under Sec. 276 Indian Succession Act, 1925.

(2.) It is stated that Late Subhash Chander was married to Smt. Shakuntala and from their wed-lock two sons namely Sumit Kashyap and Nishant Kashyap, the respondent No.2&3 and one daughter Smt. Rubina, the petitioner were born. Smt. Shakuntala died on 23/10/2010. Shri Subhash Chander expired on 21/5/2016. During his life time he executed a Will dtd. 21/10/2014 in respect of his immovable properties namely:

(3.) It is stated that the petitioner intends to relinquish his entire share, title and interest in the property i.e. HIG Flat No. 183, 8th Floor, Category-B, Block-1, Sector-18-A, the Samrat Ashoka Enclave Co-operative Group Housing Society Ltd, Phase-II, Dwarka, New Delhi-110078, in favour of the younger brother respondent No.3. It is further submitted that as per the Will dtd. 21/10/2014 no interest share in respect of property bearing Janta Flat No. 69, on the First Floor, situated at Vikaspuri, New Delhi- 110018, was either bequeathed to the petitioner and/ or respondent No.3, nor are any rights are being claimed by the petitioner in the present property. A prayer is made that a Probate on the basis of last Will dtd. 21/10/2014 of Late Shri Subhash Chander, be granted.