UMESH KAPOOR Vs. STATE

JUDGEMENT

(1.) PRESENT petition has been filed by petitioner under Section 276 of the Indian Succession Act for grant of Probate with respect to the Will dated 10.8.2011 executed by late Sh.Kedar Nath Kapoor, S/o late Sh.Khushi Ram Kapoor.

(2.) NOTICE of this petition was issued to the State and close relations. Petitioner was directed to publish the citation in the daily, The Statesman. Valuation report has been received and citation has also been filed. All the close relations, being defendants no.2 to 6, have filed their reply in which they have stated that they have no objection if Probate, with respect to the Will dated 10.8.2011 of late Sh.Kedar nath Kapoor, is granted in favour of the petitioner.

(3.) AFFIDAVIT has also been filed by Sh.Vinod Khanna, who is one of the attesting witnesses. The said affidavit has been marked as Exhibit R4W - 1/A. Sh.Vinod Khanna has deposed in the affidavit that late Sh.Kedar Nath Kapoor executed the Will dated 20.8.2011. He has also testified that he is one of the attesting witnesses to the said Will, he had signed the said Will as a witness and the Will was executed by late Sh.Kedar Nath Kapoor, who was of sound mind, with free consent and without any undue influence or pressure. He has also testified that the Will was signed by the testator at point 'X' in his presence and in the presence of other attesting witness, Sh.Anil Moonga, and thereafter the Will was signed by him (PW - 1) and Sh.Anil Moonga, respectively, in the presence of the testator at point 'Y' and point 'Z', respectively.