GAUTAM PATHAK Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner Shri Gautam Pathak has filed the present petition under Sec. 276 Indian Succession Act, 1925 for grant of Probate in respect of the Will dtd. 27/10/2016 executed by Late Smt. Raj Rani Pathak, his mother.

(2.) The petitioner has stated that the suit property bearing No. B-8, Main Market Road, Hauz Khas, South Delhi was purchased by Smt. Sushila Chopra who gifted the said property vide registered Gift Deed dtd. 28/6/1990 to Smt. Raj Rani Pathak, late mother of the petitioner. Smt. Raj Rani Pathak died on 11/2/2019. However, during her life time she executed a registered Will dtd. 27/10/2016 as her last Will and testament. According to this Will, the suit property was bequeathed in favour of the petitioner. He was also appointed as an Executor under the said Will. The possession of the suit property is already with the petitioner.

(3.) The petitioner further submitted that Smt. Raj Rani Pathak is survived by her husband Shri Arun Pathak who is respondent No.2 and her unmarried daughter Ms. Sonia Pathak respondent No.3. The petitioner has one minor son Master Vikramaditya Pathak who through his mother Smt. Parul Pathak, has also been impleaded as respondent No.4, even though he is neither a Class-1 heir nor a beneficiary under the Will. The petitioner has thus, sought Probate of the Will dtd. 27/10/2016 of late Smt. Raj Rani Pathak to be granted in his favour.