CHINMAY BISWAS vs STATE GOVT OF NCT OF DELHI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 31st January, 2025 Pronounced on: 27thFebruary, 2025 + TEST.CAS. 3/2022 I.A. 261/2023 I.A. 938/2025 CHINMAY BISWAS .....Petitioner Through: Ms. Suruchi Mittal, Mr. Shubham Soni, Advocates. versus STATE GOVT OF NCT OF DELHI & ANR .....Respondents Through: Ms. Pavitra Kaur, Mr. Shiven Asthana, Advocates for R-1. Mr. Debashis Mukherjee, Mr. Anand Shankar, Mr. Parma Nand, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This petition has filed under Section 276 of the Indian Succession Act 1925 seeking probate of registered Will dated 19 th January 2007 authored by the petitioner’s mother, late Mrs. Kamala Biswas (‘Testatrix’). 2. The said Will is registered vide document No. 173, Book 3, Vol no. 1.548 at pages 44 to 48 before Sub Registrar V, New Delhi. 3. The testatrix passed away on 4 th May 2021 and her death certificate, issued by the South Delhi Municipal Corporation, has been placed on record. The testatrix was a resident of I-1727 Chitranjan Park, New Delhi-110019 (‘suit property’). Signature Not Verified Digitally Signed By:MANISH KUMAR TEST.CAS. 3/2022 Page 1 of 18 Signing Date:03.03.2025 15:27:41 4. The said Will was executed in the presence of two attesting witnesses, Sh. Prodip Kr. Ganguly and Sh. Pradip Nandy. Copy of the Will was filed with the petition and the original of the aforesaid Will was taken out from a sealed cover and exhibited as Ex. PW-1/ 4. 5. The probate petition is supported by an affidavit of the petitioner, who is the son of the testatrix, as also by both the attesting witnesses who stated that the Will was executed by the testatrix in sound state of mind after understanding the contents, voluntarily and without any outside pressure. Further, it wa