Delhi High Court
Shanti Rani Jain vs State And Anr. on 1 July, 1994
Equivalent citations: 55(1994)DLT175
JUDGMENT J.K. Mehra, J.
(1) This is a petition for the grant of probate of the Will dated 15/01/1985 of Shri Mahinder Kumar Jain in favor of the petitioner in respect of the properties of said Shri Mahinder Kumar Jain since deceased who,according to the death certificate placed on Court record, had died at his permanent address, C-41 Green Park, New Delhi on 20.11.1985.
(2) Notices of this petition were duly served on all near relations. There is no opposition to the grant. The notice of the petition was also advertised in theStatesman". There has been no opposition from any of the respondents.
(3) A notice was also served on the Chief Revenue Controlling Authority.Deputy Commissioner, Delhi vide letter No.F.II(7)/Stamps/1991-92/7688dated 12.3.1993 through Collector of Stamps has submitted valuation report in respect of the properties of the deceased as mentioned in Annexure C to THE petition.
(4) Respondent No.2 was appointed the Executor under the Will, but he did not act as Executor. Therefore, the present petition has been filed by the petitioner for grant of probate/letters of administration. The petitioner has filed her affidavit by way of evidence. She has proved the death certificate of the deceased,which is Exhibit P-2. She has stated that the deceased died within the territorial jurisdiction of this Court and the deceased at the time of his death had a fixed place of abode at C-41 Green Park, New Delhi. She has further produced an affidavit of Shri Prem Chand Jain, who had attested the Will in question and signed it as one of the attesting witnesses. The said Prem Chand Jain has further deposed that the Will was also attested by another witness, Shri Kailash Chand Jain, who had also signed in his and the testator's presence and he and the testator had also signed in the presence of each other and the said Shri Kailash Chand Jain. Accordingly, the Will, Exhibit P-1 stands proved. The assets and liabilities of the deceased are mentioned in Annexure-C to the petition. As stated above, one of the sons of the deceased, Shri Subhash Chand Jain was appointed as the Executor under the saidWill, but he failed to act as such. Notice of the petition was also served upon said Shri Subhash Chand Jain. Despite service, he has not opposed the petition.
(5) The citation pursuant to order dated 28/08/1991 was published in "Statesman" on 4.10.1991.
(6) There being no opposition to the grant of probate of the Will dated15.1.1985 with a copy annexed, I see no impediment in the way of grant of probate in favor of the petitioner. I, accordingly, allow this petition and grant the probate in favor of the petitioner in respect of the Will dated 15.1.1985 of Shri MahinderKumarJain, since deceased. A copy of the Will shall be annexed to the probate.The petitioner shall file the requisite stamps for engrossing the probate thereon.The petitioner shall also comply with the rules and file statements of assets of the deceased realised and a statement of distribution thereof within six months and one year respectively of the grant of probate.