SANJEEV KAPOOR & ORS Vs. STATE & ORS

JUDGEMENT

(1.) The present petition has been filed by the petitioners under Section 276 of the Indian Succession Act, for grant of probate in respect of an unregistered will dated 30.06.2011 executed by late Shri Ganga Prasad Kapoor, a permanent resident of Delhi.

(2.) Learned counsel for the petitioners states that the present petition is uncontested. The three petitioners are the nephews of the deceased and executors of his will dated 30.06.2011. The testator was unmarried and his parents had predeceased him. The beneficiaries under the will are stated to be siblings and nephews (sons of the predeceased brothers) of late Shri Ganga Prasad Kapoor. A copy of the death certificate of the deceased has been exhibited as Ex.PW1/2. The death certificates marked as Ex.PW1/3, PW1/4, PW1/5 and PW1/6 are in respect of Shri Ram Prasad Kapoor, Shri Shiv Prasad Kapoor, Mr. H.P. Kapoor and Mr. D.P. Kapoor, brothers of late Shri Ganga Prasad Kapoor, who had all predeceased him.

(3.) The will dated 30.06.2011 executed by late Shri Ganga Prasad Kapoor has been marked as Ex.PW1/1. The same was witnessed by three witnesses, namely, Dr. Madhup Kumar (PW-2), Smt. Kamlesh Munjal (PW-3) and Shri V.C. Kapoor. Dr.Madhup Kumar (PW-2) has identified the signatures of the deceased at points A1 to A3 and his own signatures at point B on the will (Ex.PW1/1). He has also identified the signatures of Smt. Kamlesh Munjal and Shri V.C. Kapoor, the other two witnesses at points C and D respectively on the said will. Similarly, Smt. Kamlesh Munjal (PW-3) has identified the signatures of the deceased and that of Dr. Madhup Kumar and Shri V.C. Kapoor at points A1 to A3, point B and point D respectively.