Legal Opinion Summary

Factual and Procedural Background

G.S. Sistani, J. (oral) heard the petition filed under Section 276 read with Section 228 of the Indian Succession Act, 1925, in which the petitioners sought probate/letters of administration with respect to the Will dated 30.8.2006 of the late Smt. Shakuntala Rani @ Smt. Dayawanti Taneja. The testatrix died on 9.2.2011 (death certificate exhibited as Exhibit P-2). Notice of the petition was issued to the State and to close relations; a valuation report was received and a copy of citation filed. Objections were filed by Sh. Vijay Pratap Taneja and Sh. Vikram Taneja.

The petitioners filed affidavit evidence: Exhibit PW-2.A (affidavit of petitioner no.2, Dr. Asha Chugh) and Exhibit PW-1.A (affidavit of attesting witness Smt. Rashmi Verma). PW-1.A deposed that the testatrix signed the Will on 30.8.2006 in her presence, had read the Will and signed each page including the last page, and that PW-1.A signed as an attesting witness in the presence of the testatrix and the second attesting witness, Dr. K.B. Sood. The attesting witness also deposed that the testatrix was of sound mind at the time of affixing her signatures. The Will was exhibited as PW-2/1.

On the hearing date, both objectors (Sh. Vijay Pratap Taneja and Sh. Vikram Taneja) attended court and, through counsel, stated they wished to withdraw their objections and had no objection to probate being granted in favour of the petitioners.

Legal Issues Presented

1. Whether probate/letters of administration with respect to the Will dated 30.8.2006 of late Smt. Shakuntala Rani @ Smt. Dayawanti Taneja should be granted in favour of the petitioners under Section 276 read with Section 228 of the Indian Succession Act, 1925.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court considered the evidence on record and the procedural posture of the case. The court noted the following evidentiary points presented in the affidavits:

• Exhibit PW-2.A: affidavit of petitioner no.2 (Dr. Asha Chugh) stating the date of death of the testatrix and exhibiting the death certificate as Exhibit P-2.
• Exhibit PW-1.A: affidavit of attesting witness Smt. Rashmi Verma stating the testatrix signed the Will on 30.8.2006 in her presence, that the testatrix read and signed each page, that PW-1.A signed as attesting witness in the presence of the testatrix and the second attesting witness (Dr. K.B. Sood), and that the testatrix was of sound mind when signing. The Will was exhibited as PW-2/1 and signatures were identified at the points described.

The court further relied on the procedural fact that the objections initially filed by two sons of the deceased had been formally withdrawn in court. Taking those evidential matters and the parties' stand into consideration, the court concluded there was no legal impediment to granting probate of the Will dated 30.8.2006 in favour of the petitioners.

Holding and Implications

The petition is allowed and probate/letters of administration of the Will dated 30.8.2006 of late Smt. Shakuntala Rani @ Smt. Dayawanti Taneja are granted in favour of the petitioners, subject to the petitioners' filing necessary court fees and furnishing administrative and surety bond.

Direct consequences for the parties:

• The petitioners must file the required court fees and furnish the administrative and surety bond as conditions precedent to the grant.
• Two cheques in the sums of Rs. 4,27,880/- and Rs. 6,60,312/- were handed over to Sh. Vijay Pratap Taneja, and one cheque in the name of Ms. Divya Hattongadi was handed over in court; the cheques were accepted and are to be encashed on presentation (as stated in the opinion).

No broader legal implications or precedential rulings are discussed in the opinion; the decision resolves the petition between the parties on the facts and evidence before the court.