RAKESH SURI Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed under Section 276 of Indian Succession Act for grant of probate of aWill' of Late Mrs. Ved Kumari Suri executed by her on 5.12.1996. The 'Will' is a registered 'Will' registered with the sub-Registrar on 5.12.1996. It is in the hand of Mrs. Ved Kumari Suri and is signed by 2 attesting witnesses, namely, Mr. R.C. Khanna and Dr. Supriya Arora. Dr. Supriya Arora, while attesting the 'Will' also recorded that she had examined the testator and found her in sound deposing mind having fully understood the contents of the 'Will'.

(2.) MR . R.C.Khanna, the other witness also gave note before attesting the 'Will' that 'Will' was signed by Mrs. Ved Kumari Suri as her last 'Will' in his presence and the executor and the witness signed the 'Will' in presence of each other. Mrs. Ved Kumari Suri along with the 'Will' annexed duly attested photographs of the beneficiaries. The petition was accompanied by an affidavit of Mr. R.C.Khanna, one of the attesting witnesses. Notice of this petition was sent to all the legal heirs. Objections were filed to the 'Will' by Mr. Anoop Kumar Suri, Mr. Raj Kumar Suri and Mr. Saneh Malik. Rest of the respondents filed 'no objections' to the 'Will'. Mr. Anoop Kumar Suri propagated another 'Will' dated 27.9.1997 allegedly executed by Mrs. Ved Kumari Suri. This 'Will' was not a registered 'Will'. During the pendency of the probate proceedings, the parties were referred to Delhi High Court Mediation and Conciliation Center where the parties resolved and settled their disputes and signed a memorandum of agreement on 27th April, 2007. This memorandum of agreement has been made part of the proceedings being a settlement between the parties. The objections filed by Mr. Raj Kumar Suri, Mr. Anoop Kumar Suri and others were withdrawn thereafter.

(3.) .The 'Will' of Mrs. Ved Kumari Suri dated 5th December, 1996 has, therefore, been duly proved by examination of attesting witnesses, I consider that the 'Will' dated 5th December, 1996 is the genuine and truthful 'Will' of Mrs. Ved Kumari Suri and the petitioner is entitled to probate of the 'Will'.