RAWAL JAIN v. NIL

IS FILED UNDER SECTIONS 273 AND 276 R/W SECTION 300 OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO GRANT PROBATE OF THE LAST WILL AND TESTAMENT DATED 4TH DECEMBER 2009 OF JAIN AND THE DECEASED SHRI SHRIMANDER DASS SMT.URMILA RANI JAIN TO THE PETITIONER HAVING EFFECT THROUGHOUT THE UNION OF INDIA. THIS PROBATE CIVIL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 10.10.2025, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: 2 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH CAV ORDER This petition is filed under Sections 273 and 276 read with Section 300 of the Indian Succession Act, 1925, praying this Court to grant the probate of the last Will and testament dated

04.12.2009 of the deceased Sri Shrimander Dass Jain and Smt. Urmila Rani Jain to the petitioner having effect throughout the Union of India.

The factual matrix of the case of the petitioner is that the petitioner is the son of deceased Sri Shrimander Dass Jain and Smt. Urmila Rani Jain and he has been nominated as an executor and beneficiary under the last Will and testament dated

04.12.2009. The petitioner had earlier approached the Bangalore City Civil and Sessions Court vide P and SC No.282/2022 and the same was disposed of as withdrawn since the said Court was not the proper Court to adjudicate upon the matter under Section 273(b) of the Indian Succession Act, 1925, since one of the immovable property situated in Ghaziabad, Uttar Pradesh, having value more than Rs.10,000/-. It is the 3 claim of the petitioner that the executants of the Will passed away on 13.11.2020 and 20.01.2021 respectively at Ghaziabad, State of Uttar Pradesh. The last Will was duly executed on

04.12.2009 at Ghaziabad. The original Will copy is also produced before this Court and also produced the death certificates of both the executants. It is contended that the petitioner is having permanent abode at Bangalore and probate is sought not only in respect of immovable property and also sought for movable properties left by both of them. It is also stated that the worth of the value of the immovable and movable properties is about Rs.1,05,17,500/- and agreed to pay Court fee and details of the executants family are also provided in paragraph No.15 of the memorandum of petition and the petitioner being the executor and beneficiary, has filed this petition and sought for probate.

The petitioner in order to substantiate the averments made in the petition, examined himself as P.W.1 on oath before the Court and got marked the Will as Ex.P.1 and also the death certificates of the executants of the Will as Exs.P.2 and 3 and 4 also taken citation in English daily newspaper “The New Indian Express”, Bangalore edition, dated 11.12.2024 and also in Hindi daily newspaper “Amar Ujala”, Meerut edition, dated 11.12.2024 and the same are marked as Exs.P.4 and 5 and particular citations are marked as Ex.P.4(a) and Ex.P.5(a). The petitioner also examined one witness, who is an attesting witness to the document of Ex.P.1 Will as P.W.2 through V.C., since he is the resident of Canada and in his evidence he reiterated that the Will was executed in his presence and he was one of the signatory to the said Will. The other two attesting witnesses Sri Amitabh Srivastava and Sri Sudhir Kumar Jain have also attested the Will and their signatures are marked as Ex.P.1(d) and Ex.P.1(e) and signatures of the executants are also identified as Ex.P.1(a13) and Ex.P.1(b13).

The learned counsel the petitioner would vehemently contend that the petitioner is an executor and also a beneficiary and original Will is produced and marked as Ex.P.1 and the same is kept in safe custody. P.W.2 is an attesting witness to the Will and the very execution of the Will is proved in 5 compliance with the provisions of the Evidence Act and Indian Succession Act. The learned counsel also submits that other documents are also placed on record in compliance of taking out the citation and none appeared and contested the matter.

Having heard the learned counsel for the petitioner and also on perusal of the material available on record, the points that would arise for the consideration of this Court are: (i) Whether the petitioner has made out the ground to grant the probate as sought in the petition”? (ii) What order? Point No.(i):

The petitioner, who is the executor and beneficiary of the Will, to substantiate his contention as averred in the petition, examined himself as P.W.1 and got marked the Will as Ex.P.1. Though copy is produced, at the time of recording the evidence, original Will is also produced and the same is kept in safe custody and this Court having heard the arguments, secured the 6 original Will before this Court. The attesting witness P.W.2 in his evidence identified the signatures of the executants of the Will and so also his signature and also signatures of the other attesting witnesses. Having perused the document of Ex.P.1 Will, it reflects the photographs of original executants Sri Shrimander Dass Jain and Smt. Urmila Rani Jain, who are the parents of the petitioner. Having considered the oral evidence of P.W.1 and the evidence of P.W.2, who is an attesting witness and considering both oral and documentary evidence placed on record, the provisions of the Evidence Act as well as the Indian Succession Act are complied with. Having taken citation, none appeared and contested the petition. In the petition, details of the family members are provided and not suppressed anything. When such being the case, the very execution of the Will is proved by examining P.W.2. The averments of the petition and oral and documentary evidence available on record substantiate the case of the petitioner and proved the Will and hence it is a fit case to grant the probate as sought in the petition. 7

The relief is also sought for granting of probate of the last Will and testament dated 04.12.2009 of the deceased Sri Shrimander Dass Jain and Smt. Urmila Rani Jain to the petitioner having effect through out the Union of India. The immovable property is situated at Ghaziabad, State of Uttar Pradesh, as detailed in the petition and the movable assets are also given in detail in Annexure-A of the petition and so also in Annexure-A the details of the value of movable assets and immovable assets is also narrated. When such being the case, the petitioner is entitled for probate subject to payment of Court fee and hence I am of the opinion that the petitioner has made out the ground to grant the probate and hence I answer point No.(i) in the affirmative. Point No.(ii)