SHAKUNTALA TAXALI Vs. STATE

JUDGEMENT

(1.) This is a petition under Sections 276 and 278 of the Indian Succession Act for grant of probate of the will and letters of administration to the estate of deceased Smt. Vidyawati Taxali.

(2.) It is alleged that Vidyawati Taxali, who was ordinarily residing within the jurisdiction of this court at S-388, Greater Kailash Part-I, New Delhi died on 15.12.1987. Her husband Kashmiri Lal Taxali had pre-deceased her. On 1.5.1980 a Will was duly executed by the deceased. The petitioner besides being one of the beneficiaries is also named as an executor. The petitioner has, thus, prayed for grant of probate of Will and letters of administration to the estate of the deceased.

(3.) Notice was duly served upon the near relations as mentioned in paragraph 3 of the petition. In addition, notice was also issued to the Chief Controlling Revenue Authority. Citation was also published in the Statesman. Evidence in this case has also been recorded. The petitioner in her statement has supported the averments made in the petition. Besides the named Executor in the Will, the petitioner is the widow of the predeceased son of the deceased. The deceased left behind two sons and a daughter, namely, Sham Kumar, Naresh Kumar and Smt. Sudesh Uppal. The petitioner is the widow of the third son of deceased, namely, Ram Kumar. Beneficiaries in the Will, besides the petitioner, are Girish, Sandeep and Lokesh, the three grand sons of the deceased. Sandeep and Lokesh are the sons of Sham Kumar and Naresh Kumar. Girish is the son of Ram Kumar. Will Ext. Public Witness 1/2 dated 1.5.1980 is witnessed by Ram Singh and Gurdeep Singh. Gurdeep Singh has deposed that the testrix was in a sound and disposing state of mind duly executed the Will in his presence and in the presence of Ram Singh, both of whom also put their respective signatures in the presence of each other and in the presence of the deceased Vidyawati. The Will was executed by the deceased after fully understanding the contents. Death Certificate, Ext. Public Witness1/1, of the deceased has been duly proved on record. Affidavits of near relations have been placed on record who have no objection to the grant of probate.