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Judgment
Manmohan Singh, J.—The present petition u/s 222 of the Indian Succession Act, 1925 has been filed by the Petitioner seeking grant of Probate of the will dated 01.08.1992 of Swami Maheshanand Giri (hereinafter referred to as the deceased) who died on 16.10.2008 at Delhi.
The deceased, was the disciple of Late Mahandleshwar Swami Narsingh Giri ji Maharaj of Dakshinmurti. The original death certificate of the deceased as well as the citation, both are on record. At the time of his death, the deceased had fixed place of abode as Sanyas Ashram, 11, Bela Road, Shri Ram Road, Civil Lines, Delhi-110054. The Petitioner who has been appointed as an executor under the will dated 01.08.1992, Ex.PW1/1, hence, he is seeking probate of the will dated 01.08.1992.
As per Schedule A and Annexure -C of the petition, at the time of his death, the deceased was in possession of following moveable assets:
(i)
Bank Account Amount worth
Rs.5038267.00
(ii)
Shares worth
Rs.2994451.6
(iii)
Mutual Funds Investments worth
Rs.5221853.3
(iv)
LIC worth
Rs.100,000
Total: Rs.1,33,54,573.9
As per the Petitioner, value of the petition for the purposes of Court Fee at the time of institution is affixed and the requisite Court Fee has been paid on the petition.
No reply was filed by the Respondent to the present petition. Further, it appears from the order dated 03.02.2011 that Learned Counsel for the Respondent did not even lead any evidence on behalf of the Respondent State.
The certified copy of valuation report dated 04.08.2010 of the moveables left behind by the testator filed vide list of documents dated 13.08.2010 is not challenged. The citation was filed on 20.10.2010.
On 03.02.2011, PW-I Swami Mitgranand Giri tendered evidence by way of affidavit dated 02.02.2011 in examination in chief. The affidavit was marked as Ex. PW-1/A along with Will Ex. PW-1/1 bearing his signatures at point ''A'' in the Will. On 03.02.2011, the State cross examined the PW-1.
Similarly, PW-2 Swami Attma Chetanya tendered evidence by way of affidavit dated 02.02.2011 in examination in chief. The affidavit was marked as Ex. PW-2/A alongwith Will Ex. PW-1/1 bearing his signatures at point ''A'' in the Will.
Despite the last opportunity granted to the State for filing reply vide order dated 30.11.2010 the reply to the Probate petition was not filed.
In the case of Madhukar D. Shande v. Tara Bai Aba Shebagae 2002 (1) JT SC 74, the court held that if there is nothing unnatural about the transaction and the evidence adduced satisfies the requirement of proving a will, the court would not return a finding of ''not proved'' merely on account of certain assumed suspicion or supposition.
As regards filing of administration bond u/s 291 of Indian Succession Act, 1925, it is stated by the learned Counsel for the Petitioner that the Petitioner being sole beneficiary need not furnish any bond u/s 291 of Indian Succession Act, 1925.
The will dated 01.08.1992, Ex.PW1/1, has been signed by the deceased and by three witnesses, but, since attesting witness No. 1 Swami Ish Giri has passed away, the Petitioner has filed the evidence by way of affidavits of PW-1 Swami Mitranand Giri and PW-2 Swami Atmanand Giri, the other two attesting witnesses of the will dated 01.08.1992, Ex.PW1/1, of the deceased. The affidavit of the Petitioner has been filed on 01.07.2011 confirming the averments made in the petition. The statements of both, the attesting witness, namely PW-1 Swami Ish Giri and PW-2 Swami Atmanand Giri have been recorded wherein both of them have deposed that they were present at the time when the deceased had executed his will Ex.PW1/1, and it is the last and original will of the deceased. The will, Ex.PW1/1 is duly proved.
In view of the above mentioned facts and circumstances, this petition is allowed and the probate as prayed for in respect of the will dated 01.08.1992, Ex.PW1/1, is granted.