ASHOK DHAR Vs. STATE

JUDGEMENT

(1.) Petitioner has filed this petition under Section 276 of the Indian Succession Act, 1925 for grant of probate of the Will dated 14th August, 2001 of Late Shri Manmohan Dhar. Respondent no. 3 is sister and respondent nos. 4 to 8 are brothers of Late Shri Manmohan Dhar.

(2.) It is alleged in the petition that deceased was a Hindu, governed by the Hindu Succession Act, 1956. He was permanent resident of C-56, Kailash Apartments, Lala Lajpat Rai Marg, New Delhi. He died on 21st January, 2009 at Lilavati Hospital in Mumbai. Deceased made and published his last Will and testament while he was in command of his full senses and was possessed of perfect disposing mind. Deceased appointed petitioner as one of the "Executor" to perform all the formalities as contemplated in the Will. The Will dated 14th August, 2001 was signed by the Testator in presence of two witnesses, namely, Shri C.M. Nehru and Shri S.K. Raina. Respondent no. 2 Shri Deepak Dhar was another named Executor and was a permanent resident of Pune, thus, the petition was being filed by the petitioner. Deceased did not have any liability against any individual, association or company at the time of his death. Respondent nos. 3 to 7 had relinquished their rights, title and interest in the property bearing no. C-56, Kailash Apartments, Lala Lajpat Rai Marg, New Delhi in favour of respondent no. 8, as was contemplated in the Will. They had issued "no objection certificate" to this effect. No other petition was filed in any Court of law seeking probate of the Will dated 14th August, 2001. Petitioner has prayed that probate of Will dated 14th August, 2001 be granted in his favour.

(3.) Respondent nos. 3 to 8 appeared through their counsel and made a statement that they had filed affidavits stating therein that they had no objection for grant of probate to the petitioner. Citation was also published on 3rd August, 2013 in the newspapers "The Times of India" and "Navbharat Times". No public person filed any objection against the grant of probate, pursuant to the publication of the citation in the newspapers.