Smt. Baljeet Bubbar vs State

Valmiki J Mehta, J.—This testamentary case seeks probate with respect to the Will and Codicil dated 22.4.1996 and 17.9.1997 respectively of late Sh. Avtar Singh Puri who died in Delhi on 9.1.1998. Originally, the probate petition was filed by the Executor Sh. Anil Sharma, Advocate, however, he withdrew and therefore the respondent no. 2 Smt. Baljeet Babbar, a beneficiary, was transposed as a petitioner. Amended memo of parties has been filed on 25.11.2006. There is no contest to this testamentary case. The respondent nos. 2 to 4 are beneficiaries under the Will dated 22.4.1996 and are supporting the Will. So far as respondent nos. 6 and 7 are concerned, who are the daughters of respondent no. 5, a statement was recorded on 15.5.2009 on oath of the respondent no. 5 for herself and on behalf of respondent nos. 6 and 7 that they have settled the dispute and have withdrawn the objections against the subject Will and Codicil.

Issues in this probate case were framed on 19.12.2000 and which read as under:-

Whether the codicil Will dated 22/25th of April, 1996 executed by the deceased Avtar Singh Puri on 17.9.1997 was not executed validly? O.P.D. (6-8)

Whether the Will was executed by the deceased while he was possessed of a sound and disposing mind? O.P.P

Whether there is any codicil Will subsequent to the Will in question? O.P.D.

Relief.

The Will and Codicil in this case have been proved through the attesting witness Sh. Sanjay Dewan, Advocate, PW-3. PW-3 has deposed with respect to the execution of the Will dated 22.4.1996 by Sh. Avtar Singh Puri. He has also deposed to his signing of the Will in the presence of the testator and also signing by other attesting witness Sh. Sumesh Dewan. The Will has been exhibited as Ex.PW2/A. This witness has also deposed as to the sound disposing mind of the testator at the time of execution of the Will dated 22.4.1996.

So far as Codicil dated 17.9.1997 is concerned, the same is proved in continuing statement of this witness on the cross examination by the counsel for respondent no. 3. The witness has deposed with respect to the testator Sh. Avtar Singh Puri signing the Codicil on each page in his presence and Codicil also bears the witnesses'' signatures and was exhibited as Ex.PW3/D1.

The petitioner Smt. Baljeet Babbar has also appeared as PW-1 and filed her affidavit by way of evidence proving the signatures of the testator on the Will Ex.PW2/A. This witness was also exhibited the death certificate as Ex.PW1/A.

The witness Sh. Sunil Kumar from the office of sub-Registrar appeared as PW-2 and brought the records with respect to registration of the Will dated 22.4.1996.

In view of the above testimonies of the witnesses, I hold that the Will dated 22.4.1996 Ex.PW2/A and Codicil dated 17.9.1997 Ex.PW3/D1 stand proved. Petitioner is granted letters of administration of the Will and Codicil dated 22.4.1996 and 17.9.1997 respectively and which testamentary instruments would be annexed to the letters of administration granted. Letters of administration be granted on the petitioner filing the appropriate court fees.

Accordingly, issue nos. 1 to 3 framed on 9.12.2000 are decided in favour of the petitioner. The testamentary case along with all pending applications stand disposed of accordingly.