R VENKATANARAYANAN Vs. GOVT OF N C T

JUDGEMENT

(1.) One Shri R. Venkatanarayanan had filed this petition under Section 276 of the Indian Succession Act, 1925, for grant of probate of the Will dated 31st January, 2002 of Late Dr. Pran Nath Behl (testator). Shri R. Venkatanarayanan is the named executor in the Will. Subsequently, he filed an application seeking permission to renounce the executorship of the Will. Respondent no. 2 Shri Sushil Behl (son of testator) also filed an application for his transposition as a petitioner. Both these applications were allowed vide order dated 18th March, 2005. Shri R. Venkatanarayanan was permitted to renounce the executorship of the Will in question and Shri Sushil Behl was transposed as petitioner with liberty to continue to proceed with the petition.

(2.) Daughter of testator, namely, Smt. Vanita Sarin is the respondent no. 2; whereas respondent no. 1 is Government of N.C.T. of Delhi. Respondent no. 2 Smt. Vanita Sarin has filed an application bearing IA No. 23777/2015 praying therein that petition be allowed and probate of last Will and testament dated 31st January, 2002 executed by Late Dr. Pran Nath Behl (testator) be granted. Respondent no. 2 has admitted the Will. She has also identified the signatures of the testator. She has admitted the validity of the Will, in view of the settlement arrived at between her and the petitioner vide Memorandum of Understanding dated 21st October, 2015. However, the fact remains that there is no opposition, to the grant of probate of the Will of the testator in favour of the petitioner, by the respondent no. 2.

(3.) Citation was published in the newspapers "The Statesman" 3rd March, 2003 (Delhi edition) and "Aaj" (U.P. edition). Despite publication of citations, no public person has come forward to file objections thereby opposing the grant of probate of the Will.