Allowed

Santosh Uppal v. State & Ors.

Delhi HC10 Dec 2018TEST.CAS./42/2018

Case brief

AI extract

What is this about?

Petitioner sought probate of her late brother's Will. Registry recorded witness statements, respondents objected. Satisfied that Will was genuine and deceased was in sound mind, Court granted probate in favour of Petitioner for Delhi, Hosur properties and bank accounts.

What did the court decide?

Probate issued in favour of the Petitioner in respect of the Will dated 10th March, 2010, without insistence of any surety of property.

Santosh Uppal Vs State & Ors. — Succession and Inheritance | Delhi HC (2018)

¶1

$~23

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- TEST.CAS. 42/2018

¶4

SANTOSH UPPAL ..... Petitioner Through: Mr. Anil K. Kher, Senior Advocate with Ms. Vasundhara Nayyar, Advocate. (M:9971223453)

¶5

versus

¶6

STATE & ORS. ..... Respondents Through: Mr. P. K. Mittal, Advocate for R-1 & 2. (M:9810826436)

¶7

CORAM: JUSTICE PRATHIBA M. SINGH

¶8

O R D E R

¶9

% 10.12.2018

¶10

The present testamentary case has been moved under Section 276 of the Indian Succession Act, 1825 seeking grant of probate of Will dated 10^th March, 2010 executed by Late Shri Anil K. Bhalla. Petition has been preferred by Mrs. Santosh Uppal, who is the real sister of the deceased. She is the executor of the Will dated 10^th March, 2010.

¶11

The present testamentary case was filed and listed before this Court on 8^th August, 2018. Citation was directed to be published in the newspaper. Valuation report was also called for, and was received by this Court. Thereafter, Respondent Nos.2 & 3 appeared on 23^rd October, 2018 and submitted that they have no objection if the Will is probated. Statements of Smt. Santosh Uppal – PW-1 and Shri J. M. L. Gupta – PW-2 were recorded before the Joint Registrar on 13^th November, 2018. The Petitioner has placed before this Court the original Will dated 10^th March, 2010. One of the witnesses to the Will is Mr. J. M. L. Gupta, who appeared as PW-2. TEST.CAS. 42/2018 Page 1 of 3

¶12

Both the witnesses have deposed to the genuineness of the Will. The following documents have been exhibited by PW-1.

¶13

i) Ex.PW-1/1 - Death certificate of Shri Anil K. Bhalla

¶14

ii) Ex.PW-1/2 - List of properties

¶15

iii) Ex.PW-1/3 - Original Will

¶16

iv) Ex.PW-1/4 - Death certificate of Smt. Santosh Uppal, wife of Shri Anil K. Bhalla.

¶17

v) Ex.PW-1/5 - List of relations of Shri Anil K. Bhalla.

¶18

PW-2 has stated in his affidavit that Shri Anil K. Bhalla was in sound state of health and disposing mind at the time of his death. He also confirmed the presence of witness Shri Ashok Kumar Dogra. He submitted that he signed the Will in his presence.

¶19

As per the Will, the testator had two immoveable properties, the details of which are as under:

¶20

1. Ground Floor with terrace rights above the Second Floor of the property R-647, New Rajinder Nagar, New Delhi-110060;

¶21

1. Plot of land in VGP, Jaya Nagar, Hosur;

¶22

Further, the testator also had a NRI US Dollars account with HDFC bank and with State Bank of India.

¶23

As per the Will, the property in New Delhi and the property in Hosur both have been bequeathed to the Petitioner. Even the amounts, lying in the bank accounts have been bequeathed to Petitioner. The two sons of the deceased i.e. Shri Sachin K. Bhalla and Shri Anish K. Bhalla, have both given their no objections in the form of reply filed on 20^th September, 2018, which is signed by their General Power of Attorney (‘ GPA ’) holder Shri Om Prakash Malhotra. Copy of the GPA is also placed on record. TEST.CAS. 42/2018 Page 2 of 3

¶24

Page 2 of 3

¶25

For the above reasons, this Court is satisfied that there is no impediment in grant of probate of Will in favour of Petitioner. Accordingly, it is directed that a probate be issued in favour of the Petitioner in respect of Will dated 10^th March, 2010 executed by Shri Anil K. Bhalla in favour of the Petitioner. The Registry is directed to be issue the same on the basis of the personal undertaking of the Petitioner being furnished, without insistence of any surety of property.

¶26

The present testamentary case is disposed of in the above terms.

¶27

PRATHIBA M. SINGH, J.

¶28

DECEMBER 10, 2018/ dk

¶29

Page 3 of 3

¶30

TEST.CAS. 42/2018

Santosh Uppal v. State & Ors.

Case brief

What is this about?

What did the court decide?

Santosh Uppal v. State & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Navair International Limited Vs Pacific Furnishers

Usha Rani & Ors. Vs Rekha Singh

Punjab National Bank Vs Inderjeet Singh & Ors.

M.C.Goyal & Ors. Vs U.O.I & Anr.

Cholamandalam Investment & Finance Co. Ltd. & Anr. Vs Anil Aggarwal

Hcl Infosystems Limited Vs Vergo Softech Limited