TEST.CAS./45/2007 of SHRI ARUN KUMAR MOHTA & ORS. Vs THE STATE (NATIONAL TERRITORY OF DELHI)

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TEST.CAS. 45/2007

% Judgment Delivered on: 26.08.2011

SHRI ARUN KUMAR MOHTA & ORS. ..... Petitioners

Through : Mr. A.K. Matta, Sr. Adv. with Ms. Anne Mathew, Mr. Somesh Rattar and Mr. Shashenk, Advs.

versus

THE STATE (NATIONAL TERRITORY OF DELHI) ..... Respondent Through : None.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

1.Whether the Reporters of local papers may be allowed to see the judgment? the judgment?

2.To be referred to Reporter or not?

3.Whether the judgment should be reported in the Digest?

G.S.SISTANI, J. (ORAL)

1.This is petition filed under Section 276 of the Indian Succession Act seeking grant of probate with respect to Will dated 10.11.2003 of late Smt. Sushila Devi Mohata, who died at New Delhi on 16.7.2007. Petitioner is the son of late Smt. Sushila Devi Mohata. Although notices were issued to the Chief Revenue Controlling Officer at Kolkata and Jodhpur (Rajasthan) for submission of valuation reports qua the estate of the deceased, however, no valuation reports have been received. Citation was issued in ‘The Times of India’ (Kolkata Edition), ‘Rajasthan Patrika’ (Rajasthan Edition) and ‘The Statesman’ (New Delhi Edition) on 17.9.2007, copies of which have been placed on record. Notice was also issued to the close relations.

2.Learned counsel for the close relations had entered appearance on

22.10.2007 on behalf of Legal Heir no.2 and Legal Heir no.3. Initially the close relations had filed their objections to the grant of probate, however, by means of two applications, being I.A.NOS.4869/2009 and 4870/2009, the close relations sought withdrawal of their objections, which applications were allowed on 15.4.2009 and objections to the probate were treated as withdrawn.

3.The petitioner has filed the affidavit by way of evidence of Sh. Sidharth Kumar Birla, one of the attesting witnesses, who deposed that he is witness to the last Will dated 10.11.2003 of late Smt. Sushila Devi Mohata. The original Will dated 10.11.2003 along with its translated copy has been marked as Ex.PW-1/2. Copy of the death certificate has been marked as Ex.PW-1/1. He further deposed that he had seen the Testator, Smt. Sushila Devi Mohata, affixing her signature on the said Will dated 10.11.2003 in his presence and in the presence of other attesting witness, Smt. Sarla Somani. He also deposed that he and the other witness, Smt. Sarla Somani, signed the Will dated 10.11.2003 in the presence of Testator and the Testator had also signed all the pages of the said Will (at six places). Sh. Sidharth Kumar Birla also deposed that he identifies the signature of Smt. Sarla Somani, the other attesting witness, on the last page of the Will below his signature. He further deposed that Smt. Sushila Devi Mohata was of sound health and good mental condition at the time of execution of the Will. The second attesting witness, Smt. Sarla Somani, has also deposed on similar lines.TEST.CAS. 45/2007 2/3

4.I have heard counsel for the petitioner and also perused various documents including the affidavits filed by both the attesting witnesses, who have deposed that the Testator signed the Will dated 10.11.2003 in their presence and they also signed as witnesses in the presence of the Testator. documents including the affidavits filed by both the attesting witnesses, who have deposed that the Testator signed the Will dated 10.11.2003 in their presence and they also signed as witnesses in the presence of the Testator.

5.In view of the aforestated testimony it stands proved that Smt. Sushila Devi Mohata executed the Will dated 10.11.2003, which was her last Will. Accordingly, Probate in terms of the said Will is hereby granted in favour of the petitioner. On petitioner filing the necessary Court fee probate be granted to the petitioner. Sushila Devi Mohata executed the Will dated 10.11.2003, which was her last Will. Accordingly, Probate in terms of the said Will is hereby granted in favour of the petitioner. On petitioner filing the necessary Court fee probate be granted to the petitioner.

6.Petition stands disposed of in view of above.

AUGUST 26, 2011 msr

G.S.SISTANI,J