SHRUKEERTI MUKERJI Vs. STATE

JUDGEMENT

(1.) This probate petition pertains to the Estate of late Shri Prakash Chand Chopra,son of late Shri Badri Prasad Chopra, who expired on 20/12/1995 atDehradun. Late Shri Prakash Chand Chopra is stated to have been a permanentresident of B-104, Gulmohar Park, New Delhi, where he resided with his nephew,respondent No.2. He has executed a Will on 22/05/1986, and registered it withthe Sub-Registrar of Assurances at Mussoori on 21/05/1986. A copy of the Willhas been filed with the petition and marked Annexure-B. Late Shri Prakash ChandChopra is stated to have been a bachelor. He has left behind only one legal heir,namely petitioner No.2 who is his deceased sister's son. At the time of his deathnone of his other relatives were alive. Notice was served. Only Respondent No.2 hasappeared but has not contested the petition. General citation was also published inthe Statesmen Delhi Edition, dated 6/09/1997.

(2.) The Will has been attested by two witnesses, namely, Shri S.K. Nagpal and Smt.Archna Rab. The Petitioner has been named as the Executor in this will. Theentire estate has also been bequeathed to the petitioner. The Estate comprises ofmoveable assets of the value of Rs.4,98,061.61, as shows in Annexure-C.

(3.) There is no contest to the petition. It has been duly supported by an affidavit ofthe Petitioner, as well as an affidavit of Smt. Archna Rab. The latter has specificallydeposed that the will was executed in her presence and in the presence of the otherattesting witness.