IQBAL AMIRI Vs. THE STATE & ORS

JUDGEMENT

(1.) This petition for probate is filed by the petitioner/son/Sh. Iqbal Amiri seeking probate of the Will dated 12.1.2007 of late father Sh. Mohammad Hussain Amiri who was a Sunni Muslim. Sh. Mohammad Hussain Amiri expired on 9.7.2007 leaving behind only one immovable property being Flat No.10-C DDA Flats, Sarai Juliana, Second Floor, New Delhi.

(2.) On the death of Sh. Mohammad Hussain Amiri on 9.7.2007, he left behind five legal heirs with petitioner as a son, the widow Smt. Razia Amiri and his three daughters namely Smt. Shahnaz Amiri, Smt. Mumtaz Amiri and Smt. Rukhsana Amiri. All the three daughters and the widow have filed their no objection affidavits in the Court and are represented through counsel who affirms the no objections of the legal heirs to the Will of late Sh. Mohammad Hussain Amiri.

(3.) This case is coming up for arguments after petitioner has led evidence of the attesting witness namely Sh. Umesh Jagtiani. Sh. Umesh Jagtiani has deposed that he signed as an attesting witness to the Will dated 12.1.2007 of Sh. Mohammad Hussain Amiri and he has seen the executant sign and execute the Will dated 12.1.2007 in his presence. The attesting witness has identified the signatures of Sh. Mohammad Hussain Amiri on the subject Will and has deposed that the executant was in a sound disposing mind when the Will was executed and attested. Though the witness Sh. Umesh Jagtiani has not personally come in the witness box, however, there is no need to prove his affidavit which is by way of examination-in-chief and therefore I accept the affidavit by way of evidence of Sh. Umesh Jagtiani, more so as there is no opposition to the same by the other legal heirs of Sh. Mohammad Hussain Amiri. The original Will has been proved and exhibited as Ex.PW1/2.