Decided on February 14,2007

Pandit Devi Datt Appellant
STATE Respondents


SANJAY KISHAN KAUL, J. - (1.) THE petition has been filed by the original petitioner Pandit Devi Datt under Section 276 of the Indian Succession Act, 1925 for the grant of probate of the last Will and testament of the testatrix Shrimati Ram Kesari wife of late Shri Dina Nath. Shrimati Ram Kesari is stated to have passed away on 19.10.1986 and executed the last Will and testament on 27.10.1983 (PW -1/C). The husband of Shrimati Ram Kesari, Shri Dina Nath predeceased her. There was only one child out of the wedlock being her son named Shri Vineet Kumar, who is stated to have executed a Relinquishment Deed dated 4.7.1975 during the lifetime of the testatrix. Shri Vineet Kumar has not been traceable as he left for an unknown destination without informing anyone in January 1983 and nothing has been heard of him since then till date. Pandit Devi Datt filed a petition for succession certificate bearing No. 183/94 before the Administrative Civil Judge, Delhi and in the said proceedings in terms of the order dated 27.7.1995, Shri Vineet Kumar was presumed dead (exhibit PW -2/B -1). The death certificate of the testatrix is exhibited as exhibit PW -1/A.
(2.) PANDIT Devi Datt was the brother -in -law of Shrimati Ram Kesari being the brother of her husband late Shri Dina Nath. It may be noticed that after filing of the petition Pandit Devi Datt has also passed away on 28.10.2000 and his death certificate is exhibited as exhibit PW -2/D. The petition has been prosecuted thereafter by his son, daughter and son of his daughter. In this behalf it may be stated that late Pandit Devi Datt had executed the last Will and testament dated 31.1.1997. In terms of this Will, by virtue of the power vested in him as per the Will dated 27.10.1983 of the late testatrix the present three petitioners were appointed as the executors of that Will.
(3.) THE Will in question dated 19.10.1986 referred to the various assets of the testatrix and provided that her estate would devolve on her son Shri Vineet Kumar only with a life interest without any right to transfer the same. On the demise of Shri Vineet Kumar, the same were to be inherited by the wife and children of Shri Vineet Kumar but in case there were no children his widow was to have a life interest. The crucial clauses of the Will are as under: 4. 9. In case my aforesaid son, Vineet Kumar, does not have any lawful heirs and, after the death of his widow, if any as mentioned in paragraph 8 above, all the properties, movable and immovable, shall be donated to some charitable or religious institutions by the Executor. 5.10. I hereby appoint Shri DEVI DATT, son of Shri Lok Nath, resident of 2/6, East Patel Nagar, New Delhi, as the sole Executor of this Will. He shall have the power to name his successors and also the power to sell the plot at Faridabad township and invest the proceeds. ;

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