MADHUR BALA Vs. STATE OF DELHI

JUDGEMENT

(1.) THE present petition under section 276 of the Indian Succession Act, 1925 seeks grant of probate in respect of the will executed by Smt. Attar Kaur on 6th June 1999.

(2.) IT is submitted that the Petitioner is the sole executor under the will of Late Smt. Attar Kaur, wife of Late Shri Phool Singh, R/o H. No.-27, Ward no. 1, Mehrauli, New Delhi-110030 (hereafter called "the testatrix" ). She expired on 16. 5. 2000 at Mehrauli, New Delhi-110030. It is also averred that the testatrix was absolute owner of the House No. 27, Ward No. 1, Mehrauli, New Delhi and she had the right, interest and title to bequeath the said house. It is further averred that the testatrix left behind her son Mr. Kishan Singh as her only legal heir.

(3.) IT is claimed that the Petitioner was appointed as the Sole Executrix of the said Will, which was executed in the presence of two witnesses. Also, that the testatrix had not executed any other will, and was in full senses while doing so without being under any pressure, coercion, and threat from any person whosoever. Further, it is averred that the estimated value of the aforesaid property was about Rs. 25 lakhs and that the testatrix did not own any other movable property other than some household articles. It is also claimed by the petitioner that at the time of her death, the testatrix had no liabilities of any kind in respect of the property bequeathed in the Will and that it free from any kind of encumbrances.