Probate Petition Granted for Valid Will Execution by Late Sh. Hans Raj Gulati
In a significant ruling, the Delhi High Court dismissed a partition suit filed by Kanta Sethi regarding the estate of her deceased parents, Late Smt. Krishna Wanti and Late Sh. Hans Raj Gulati, citing the non-joinder of necessary parties. The court, presided over by Justice Amit Bansal, emphasized the requirement for all legal heirs to be included in partition suits based on intestate succession. The suit was filed without impleading five other siblings, making the case unsustainable.
Simultaneously, the court granted the probate petition for the Will dated May 30, 2003, executed by Late Sh. Hans Raj Gulati. The Will was challenged on grounds of suspicious circumstances, including the testator's mental state due to his advanced age and alleged inconsistencies related to previously sold properties. However, the court found the Will to be genuine and executed with full mental capacity, dismissing the objections raised by the respondents.
The court held that the Will dated October 12, 2001, executed by Smt. Krishna Wanti, was also valid, wherein she bequeathed her property in favor of her husband, thus solidifying the probate petition's standing. The court noted that the exclusion of certain heirs in the Will did not constitute a suspicious circumstance, and the bequests reflected natural familial intentions.
Ultimately, the court's decision underscored the importance of including all relevant parties in partition suits and validated the genuine execution of Wills as per the Indian Succession Act, 1925, and the Indian Evidence Act, 1872. With the dismissal of the partition suit, the properties in question will be distributed according to the terms of the validated Wills.
Bottom Line:
Partition suit dismissed due to non-joinder of necessary parties; probate petition granted for Will of testator as valid and genuine.
Statutory provision(s): Civil Procedure Code, 1908, Indian Succession Act, 1925 Section 63, Indian Evidence Act, 1872 Section 68, Limitation Act, 1963 Article 137
Kanta Sethi v. Hans Raj, (Delhi) : Law Finder Doc Id # 2833469
