REBA KAPUR Vs. STATE OF DELHI

JUDGEMENT

(1.) This petition has been filed under Section 276 of the Indian Succession Act by Ms. Reba Kapur seeking probate of the last Will and testament dated 29th September, 2000 made by late Justice Dilip Kumar Kapur. As per the list of relatives filed on record, apart from the petitioner who is the widow of the deceased testator, the deceased is succeeded by one daughter Ms. Sheboo Kapur. In answer to the notice which was issued to her, Ms. Sheboo Kapur has filed an affidavit dated 19th July, 2006 whereby she has deposed that she has read the last Will and testament made by her deceased father and also the present probate petition. Ms. Sheboo Kapur has further deposed that she has no objection to the grant of the probate of the Will to the petitioner.

(2.) Citation of the filing and pendency of the present petition was published in The Statesman dated 15th July, 2006 inviting objections from the public however no objections have been received.

(3.) So far as proof of execution of the Will is concerned, the petitioner has filed the affidavit as well as affidavits of the two attesting witnesses. The Will dated 29th September, 2000 was signed and executed by the deceased in the presence of Shri Rajiv Dhawan and Shri Dalbir K. Kapur. The two attesting witnesses have filed affidavits submitting that the Will dated 29th September, 2000 was executed by late Justice Dilip Kumar Kapur in their presence and that they had affixed their signatures thereupon in witness of the execution of the Will. The original Will dated 29th September, 2000 has been filed on record and has been proved in the statement of Ms. Reba Kapur as Exhibit B.