IN THE COURT OF XXXXX; LD. DISTRICT JUDGE; DIST. NORTH; ROHINI COURTS, DELHI.

PROBATE PETITION NO. XX OF 20**.

IN THE MATTER OF:-

XXXXX                                                        : PETITIONER

VERSUS

XXXXX                                                        : RESPONDENTS

D.O.H.: **.**.20**

EVIDENCE BY WAY OF AFFIDAVIT OF THE PETITIONER (PW1)

Affidavit of XXXXX S/o Late XXXXX, aged about __ years R/o House No. XXXXXX, do hereby solemnly affirm and declare as under:-

1.              That I am the Petitioner in the present case and am competent to swear this affidavit. That I, the Deponent, am well conversant with the facts and circumstances of the case, and hence competent to swear this Affidavit.

2.              It is state that Smt. Asha Goel W/o Late Sh. S.K. Goel had bequeathed and devised her share i.e. 50% in immovable property bearing 428, Pocket-9, Rohini Sector-21, Delhi, entire second floor with roof rights, area 60 sq. metres with 1/3^rd proportionate share in entire land of property by virtue of her last Will dated 07.01.2019 in favour of the Deponent. Copy of Will dated 07.01.2019 is Ex.PW1/1.

3.               It is further state that the property was purchased by Smt. Asha Goel and Amit Goel in equal share of 50% each, vide sale deed Registration No. XXXX in Addl. Book No.X, Vol. No.XXX on page 81 to 87 on 09.04.2010. Smt. Asha Goel was the mother of Deponent and both mother and son were very much attached with each other and Deponent and his family served XXXX during her life, therefore Smt. Asha Goel through her last Will dated 07.01.2019, bequeathed and devised her share i.e. 50% in immovable property bearing XXXXX, Delhi entire second floor with roof rights area 60 sq. metres with 1/3^rd proportionate share in entire land of property by virtue of her last Will dated 07.01.2019 in favour of the Deponent. The said property documents are Ex.PW1/2(colly).

4.              It is further state that Smt. Asha Goel was competent to deal with her 50% half share in the property bearing No. XXXX Delhi in any manner whatsoever she liked and to executed her last Will dated 07.01.2019 in respect of her share in the said property in favour of the Deponent. Smt. Asha Goel possessed sound and disposing state of mind at the time of execution of the said Will dated 07.01.2019.

5.              It is further state that the said Will dated 07.01.2019 was executed by XXXXX by her own sweet will and choice, without any force, pressure, threat or inducement from any corner. XXXXX executed the said Will in presence of the witness XXXXX S/o XXXXX Delhi and XXXXX W/o XXXXX R/o XXXXX Delhi.

6.              It is further state that Smt. Asha Goel (now deceased) was blessed with two sons XXXXX (Deponent herein) and XXXXX. XXXXX never served for his mother XXXXX and XXXXX behaviour towards XXXXX, therefore XXXXX had disowned them from all of her movable and immovable properties and for that publication was made in news papers i.e. Rashtriya Sahara on 09.11.2017. Copy of publication and Bill/cash memo receipt are Ex.PW1/3(colly). Copy of Adhar Card, Pan Card, Rent Agreement of Sumit Goel are Ex.PW1/4(colly).

7.              It is further state that the deceased XXXXX has expired on 13.01.2019 leaving behind the Deponent as one of the legal heir and other legal heir as her second son namely XXXX. The husband of XXXXX already died on 07.12.1987 and the death certificate of XXXXX, husband of XXXXX is Ex.PW1/5.

8.              It is further state that Smt. Asha Goel had given her share i.e. 50% in immovable property bearing XXXXX, Delhi as per her last Will dated 07.01.2019.

9.              It is further stated that XXXXX had expired on 13.01.2019 and the death certificate of XXXXX is Ex.PW1/6.

10.          It is further state that the Deponent purchased the  half share of property, bearing entire second floor along with roof rights part of freehold property no. XXXXX, Delhi area measuring 60 sq. metres along with 1/3^rd proportionate share in the entire land of the said property and half of the share of the said property was purchased by XXXXX. After the demise of XXXXX, the Deponent has inherited and became absolute owner / beneficiary of the immovable property mentioned above as described in the Will dated 07.01.2019.

11.          It is further stated that the deceased XXXXX specifically mentioned in the said Will dated 07.01.2019 that after her demise, her portion in the said property shall go and devolve upon the Deponent and the above said Will dated 07.01.2019 is genuine and was duly witnessed by attesting witnesses named and address mentioned in para 5 above.

12.          I hereby state that whatever is stated hereinabove is true and correct to the best of my knowledge.

                                                                           DEPONENT

VERIFICATION:

Verified at New Delhi on ___ day of July, 2024 that the contents of paras 1 to 12 of my above evidence affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

                                                                                                    DEPONENT