DEEPIKA HINGORANI Vs. STATE

JUDGEMENT

(1.) The Petitioner, Mrs. Deepika Hingorani, has filed this petition under Sections 276 and 278 of the Indian Succession Act, 1925 ('ISA') for grant of probate/letters of administration of the Will dated 11th November 1992 (hereafter 'the Will') executed by her father late Shri K.P. Mathai [hereinafter referred to as 'the Testator'].

(2.) The case of the Petitioner is that Testator died on 17th January 1996 within the territorial jurisdiction of this Court and prior thereto, the Testator made and published his Will and testament dated 11th November 1992 bequeathing his property No. N-181, First Floor, Sector-25, Javayu Vihar, Noida, Phase II, Noida (U.P.) ['Noida property'] in favour of the Petitioner. The original of the Will executed by the Testator has been placed on record (Ex.PW-1/B). The Petitioner stated that on the basis of the said Will, she became the owner of the Noida property after the death of her father. The Will was attested by two witnesses, Mr. Jagmohan and Mr. Mathuresh Sharma. Mr. Jagmohan was examined as PW-2. His affidavit by way of examination-in-chief filed on 29th July 2008 was exhibited. Mr. Jagmohan identified his handwriting and signatures of the Testator at Point A and B in the Will. The other witness, Mr. Mathuresh Sharma, who was the other witness to the Will also filed an affidavit dated 29th July 2008 by way of examination-in-chief. In the said affidavit he too identified the signature of the Testator. The Petitioner examined herself as PW-1. She filed her affidavit dated 29th July 2008 by way of examination-in-chief. Both PW-1 and PW-2 were cross-examined.

(3.) As disclosed by the Petitioner, Testator left behind at the time of his death the following legal heirs (a) Mrs. Mabel Mathai, his wife (who expired on 15th September 1998), (b) Mrs. Marry Leela Thukral who is the Objector to the present petition and (c) Mrs. Daisy Katyal who is presently living in Kolkata, has given her no objection to the grant of probate of the Will dated 11th November 1992 in favour of the Petitioner.