# In the matter of Invest Care Realty LLP (IB)-1445(PB)-2018

> NCLT judgment dated 2019-02-11. Citation: TCN-2019-NCLT-04916. Mrs. Rita Kapur filed a petition based on a Will dated 2017-07-16 executed by her husband, who…

- **Court:** NCLT
- **Order date:** 11 Feb 2019
- **Citation:** TCN-2019-NCLT-04916
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/invest-care-realty-llp-ib-1445pb-2018-091bc0b0

## Summary

### Background

Mrs. Rita Kapur filed a petition based on a Will dated 2017-07-16 executed by her husband, who died on 2017-08-06. The loan agreements on record are extended between her husband and the corporate debtor. The petition was filed under Section 7 of the Insolvency & Bankruptcy Code, 2016.

## Facts

Mrs. Rita Kapur filed a petition before the National Company Law Tribunal (NCLT) based on a Will dated 2017-07-16, which was executed by her husband. Her husband passed away on 2017-08-06. The loan agreements on record are extended between her husband and the corporate debtor. The petition was filed under Section 7 of the Insolvency & Bankruptcy Code, 2016. The Tribunal noted that there was no certificate from a competent court accepting Mrs. Kapur as the sole beneficiary of the Will, and the Will had not yet been probated. The absence of a certificate and the lack of probate were key factors in the Tribunal's decision.

## Issues and analysis

### Issue 1: Whether the petition filed by Mrs. Rita Kapur is maintainable based on the unprobated Will and …

**Ratio:** A petition based on a Will requires either a certificate from a competent court accepting

…

**Reasoning:** The Tribunal reasoned that without a certificate or probate, the validity and

…

**Interpretation:** The legal issue revolves around the evidentiary value and legal standing of an

…

**Application:** In this case, since the Will lacked both a certificate and probate, the

…

## Parties

- **Judges:** M. M. K…; DEEPTI M…
- **Appellants:** Rita K…
- **Respondents:** Invest Care…

## Timeline

- **2017-07-16 — Will Exec…**: Mrs. Rita Kapur's husband…
- **2017-08-06 — Husband's…**: Mrs. Rita Kapur's…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/invest-care-realty-llp-ib-1445pb-2018-091bc0b0