V. SUKUMAR IYER Vs. THE STATE AND ORS.

JUDGEMENT

(1.) This testamentary case is filed by the petitioner seeking probate of the Will of late Dr. V. Mallika, who died at Delhi on 3.5.2011. Petitioner is the real brother of the deceased. Probate is sought of the last Will and testament dated 22.6.2010 of Dr. V. Mallika. Movable properties have been detailed in Annexure 'A' to the petition whereas the immovable properties have been detailed in Amended Schedule 'B' (as amended). Petitioner has been appointed as an executor of the Will dated 22.6.2010 of Dr. V. Mallika and hence the present probate petition.

(2.) Annexure 'A' and Amended Schedule 'B' (as amended) containing details of movable and immovable properties read as under:

(3.) No objections have been filed to the probate petition and ordinarily the probate ought to be granted inasmuch as the petitioner has led his own evidence as also the evidence of the two attesting witnesses Dr. Ranjana Gondal as PW2 and Dr. Vinod Kumar Gupta as PW3, and all these witnesses have duly proved the execution and attestation of the Will besides the soundness of the mind of the deceased at the time of making of the Will, however, the probate which has to be granted will have to be with certain restrictions as given hereinafter.