\r I 29 $- * + % IN THE HIGH COURT OF DELHI AT NEW DELHI TEST.CAS. 22I2OIO tudgment Delivered on: 29.O8.2O17 { I I ASJEEI- LAMBA A.K.A ASJEET SINGH LAMBA ..... Petitioner Through: Ms.MaldeepSidhu,Advocate VCTSUS THE STATE & OTHERS Through ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S.SISTAN! 1. Whether the Reporters of local papers may be allowed to see the judgment?. 2. To be referred to Reporter or not? 3. Whether the judgment should be reported in the Digest? G.5.stSTAtUt, tJORALl -l'his is a petition under section 276 of the lndian Succession Act, seeking grant of probate with respect to Will dated 06.09.2008 of Smt.Flarbans Lamba, who died on 21.09.2009 at New Delhi. The respondent Nos.2 and 3 are the sisters of the petitioner and daughters of the deceased, Smt.Flarbans Lamba. Notice was issued to the State. l-he valuation report has been filed by the Chief Revenue Controlling Officer. Citation was also issued in the newspaper "Statesmen" dated 24.04.2010, copy of which has been placeci on record. Counsel for tlre clo:;e relations had appeared on 29.07.2010. l'he close relations have filed a reply wherein they have stated that there is no dispute l-, /l Digitally Signed By:AMULYA Signature Not Verified \b with regard to correctness of the Will of the deceased and they have no objection on the petition being allowed. The petitioner has filed the affidavit by way of evidence of Sh.Avinash Singh Narula, who is one of the attesting witnesses and also holds a special power of attorney on behalf of the petitioner. Copy of the special power of attorney has been exhibited as Ex.PW-Il1-. Sh.Narula has deposed that late Smt.Harbans Lamba died on 2L.09.2009 leaving behind a Will dated 06.09.2008. Copy of the death certificate of Smt.Harbans Lamba has been exhibited Ex.PW-1/2. lt is further deposed that at the time of her death the deceased was a permanent resident of Delhi. Sh.Narula has further deposed that he along with Ms.Mridula Chadda the second attesting witness was present at the time of signing and execution of the Will dated 06.09.2008 by late Smt.Harbans Lamba and further that Smt.Harbans Lamba was of sound and disposing mind .and mentally alert and otherwise healthy at the appropriate time. The witness has further deposed that the testator had read and understood the contents of the Will and thereafter put her signatures in his presence and in the presence of Ms.Mridula Chadda. The witness has also deposed that he has identified the attested copy of the Will exhibited as Ex.PW-I/3. The original Will dated 06.09.2008 has also been placed on record. The witness has identified the signatures of Smt.Harbans Lamba at point 'X' and has identified his own signatures at point 'A' and signatures of Ms.Mridula Chadda at point 'B'. The second attesting witness Ms.Mridula Chadda has also deposed on similar lines. TEST.CAS. 22/20L0 2is {-J 11 I have lreard counsel for the petitioner. Both the respondents/legal representatives in the reply have admitted the genuineness of the Will and they have stated that they have no objection if probate is granted to the petitioner. Both the attesting witnesses have deposed that the testator signed in their presence and they signed as witness in the presence of the testat'or. ln view .of the aforestated testimony it stands proved that Smt. Flarbans Lamba executed Will dated 06.09.2008, which was her last Will. Probate in terms of the said Will is hereby granted in favour of the petitioner. Valuation reporl is accepted. Petitioner shall file necessary couft fee. On filing the court fee probate be granted to the petitioner. Petition is accordingly disposed of. ,- ,E- c- 32-/au* --- G.S.S|STAfU!;r AUGUST 29, 20L3. s5R TEST.CAS. 22/207.0 s/3