KAMINI SARIN Vs. ANUP CHADHA

JUDGEMENT

(1.) A daughter of the testator challenges the grant of probate on the ground that the several suspicious circumstances surrounding the execution of the Will as cited by her were not dealt with by the court before granting the probate. In short, the appellant's contention is that the suspicion surrounding the execution of the Will was not dispelled, though it is the general rule that probate cannot be granted until the pall of suspicion is completely removed.

(2.) Kishan Lal Chadha appears to have been born with a silver spoon and he did well in his business ventures. He lived most of his life at his family house in Hastings and the principal immovable asset that he acquired in his lifetime was a house in Panchsheel Park in New Delhi that he and his wife purchased together. At the time of the testator's death in 2010, he was survived by his widow, a son and two daughters. Younger daughter Kamini Sarin is the appellant herein.

(3.) The testator's son, Anup, applied for probate on being named as the executor in the registered Will which appears to have been both executed and registered on July 17, 2007. The Will is short and sweet and the effective part thereof is spread over two pages. The bequest is contained in the third paragraph of the second page. The sole legatee appears to be the son. There is a short paragraph that follows where it has been emphasised that the wife or daughters or brother or sisters or other heirs or legal representatives of the testator would not be entitled to have any claim on the testator's estate.