B. VENKATARAMAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The learned Counsel for the appellant has drawn our attention to the impugned order dated 19.12.2014 whereby the learned Single Judge has granted Letters of Administration in favour of the appellant instead of granting probate. The appellant has moved a petition under Section 276 of the Indian Succession Act, 1925 for grant of probate of the Will dated 10.5.2011 executed by Late Lakshi Balasubramanian (appellant's mother). The only reason for non-grant of probate and for grant of the Letters of Administration in favour of the appellant was indicated in paragraph 5 of the impugned order. The same reads as under:--

(2.) It is obvious that the learned Single Judge has committed an error in recording that there is no named executor in the Will.

(3.) The only reason for not granting the probate to the appellant was that he was not named as an executor. In all other aspects, the learned Single Judge was satisfied that it was a fit case for grant of probate. Since the learned Single Judge has committed a factual error, which we have pointed out above, we set aside the impugned judgment and allow the Testamentary Case No. 72/2013. Probate is granted subject to the appellant's completing all the requisite formalities including payment of stamp duty. The appeal is allowed accordingly.