MASTER CHANKAYA Vs. STATE

JUDGEMENT

(1.) The present petition under section 226 of the Indian Succession Act, 1925 seeks grant of probate in respect of the document dated 10th January 1995, purported to be the validly executed last 'Will' of deceased Shri Dharam Chand Sharma (hereinafter 'the Testator'), grandfather of the Petitioner. The Petitioner being a minor on the date of filing of the petition was represented through his father [Sh. Kapil Sharma]. It was averred in the Petition that Sh. Kapil Sharma, being the father of the beneficiary, shall act upon the probate, if so granted by the Court in favour of the petitioner.

(2.) Briefly stated, the case of the Petitioner is that Shri Dharam Chand Sharma died on 23rd January 1996, he was Hindu by religion and during his lifetime and at the time of his death he was living at House No R-752, New Rajinder Nagar, New Delhi. The Testator out of his free will, without any coercion and pressure from any corner, having disposing and sound mind, executed and signed document dated 10th January 1995, bequeathing all his movable and immovable assets/properties in favour of the Petitioner.

(3.) Petitioner listed out the heirs of the deceased in Annexure E which reads as under:-