KAPIL KHANNA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 276 of the Indian Succession Act, 1925 for the grant of Probate in respect of the Will of late Shri Gopal Chand Khanna.

(2.) LATE Shri Gopal Chand Khanna died at New Delhi on 20th February, 1991. The late Shri Gopal Chand Khanna executed his last Will and testimony (testament ?) on 18th March, 1970, which was duly registered with the office of Sub- Registrar. Upon filing of the petition, the necessary citation was issued in the daily English Newspaper Statesman and notices were issued to the relations/L.Rs., the State and also to the Collector. In pursuance to the notices, the Collector has filed the valuation report but no objection has been filed by any of the respondents. The petitioner has accepted the valuation report. The statement of D.M. Narang was recorded. He stated that the Will was made in his presence and he had signed as a witness to the Will.

(3.) I have carefully considered the averments of this petition and pursued the statements of P.W. 1, D.M. Narang, P.W. 2, O.P. Ahuja and P.W. 3, Kapil Khanna. On consideration of the totality of facts and circumstances, I direct that probate be granted in respect of the Will and testament dated 18th March, 1997 pertaining to the property at R-621, New Rajinder Nagar, New Delhi- 110060, left behind by late Shri Gopal Chand Khanna, in favour of the petitioner subject to his furnishing of the requisite court fee and necessary bond to the satisfaction of the Registrar of this Court.