TEST.CAS./23/2018 of V K SIBAL Vs THE STATE & ORS.

$~OS-23*IN THE HIGH COURT OF DELHI AT NEW DELHI

+TEST.CAS. 23/2018

V K SIBAL

..... Petitioner

ThroughMr. Alok K. Agarwal, Mr.ApoorvRastogi, Mr. Harshal Kumar and Ms. HarpitaDixit, Advs.

versus

THE STATE & ORS.

..... Respondent

ThroughMr.Hetu Arora Sethi, ASC/GNCTDwith Mr.Siddharth Agarwal, Adv. for R-1.

CORAM:HON'BLE MR. JUSTICE JAYANT NATH

O R R%27.11.2018

1.This probate petition is filed under Section 276 of the IndianSuccession Act in respect of the Will dated 13.09.2007 of late Smt. KailashRani Sibal. This petition has been filed by the petitioner, i.e. son of late Smt.Kailash Rani Sibal.

2.During her life time, it is pleaded, Smt. Kailash Rani Sibal executedher last Will and Testament dated 13.09.2007 without any coercion, pressureor undue influence. The Will is registered Will and was duly registeredwith Sub Registrar-III, New Delhi. The Will is attested by two witnesses,namely, Sh. Arvind Varma, Sr. Advocate and Sh. Siddartha Dave, Advocatein the presence of the Testatrix.

3.The respondents, namely, the three sons and the daughter have alongwith the petition filed their affidavits in support of the petition.

4.The petitioner-Mr.V.K. Sibal has also filed his affidavit by way ofevidence where he has reiterated the submissions as noted above. Both thewitnesses to the Will, namely, Sh. Arvind Varma, Sr. Advocate andSh.Siddartha Dave, Advocate have also filed their affidavits by way ofevidence. Mr. Arvind Varma, Senior Advocate has stated that lateSmt.Kailash Rani Sibal executed her last Will and Testament dated13.09.2007 and had put her signatures in his presence and he also signed thesaid document as an attesting witness in her presence. He has also stated thatMr.Siddhartha Dave, Advocate, the other witness also signed on the lastWill in the presence of the deceased and that both the witnesses signed onthe Will in the presence of each other.

5.In view of the unrebutted testimony of the witnesses, the petition isallowed. Probate is granted of the last Will and Testament dated 13.09.2007of late Smt. Kailash Rani Sibal subject to the petitioner paying the necessarycourt fees and executing the necessary bond.

6.The valuation report of the SDM has not yet been received. For thesaid purpose, list before the Joint Registrar on 17.12.2018 for completing thevaluation process.

7.The petition stands disposed.

NOVEMBER 27, 2018

JAYANT NATH, J