ANITA KHOSLA Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 276 of the Indian Succession Act for grant of probate in respect of the Will of late Smt. Lalita Kapoor. It has been alleged in the petition that late Smt. Lalita Kapoor, who expired on 15th July, 2004, had left behind a Will dated 02nd April, 2003, that being her last Will and Testament, which was duly registered in the office of Sub-Registrar . The petitioner is the daughter of the deceased, respondent No.2 Narinder Kapoor is the son of the deceased and respondent No.3 and respondent No.4 are the widow and daughter respectively of late Shri Rakesh Kapoor, another son of the deceased Testator.

(2.) On publication of citation in the newspapers and issue of notice to the respondents, objections were filed by respondent Nos. 3 and 4. It was alleged in the objections that Smt. Lalita Kapoor had no right, title or interest in any part of property No. 163 Golf Links, which is the subject matter of the Will, alleged to have been executed by her and, therefore, she had no power of disposition with respect to that property. It was claimed that late Shri C.L. Kapoor, husband of late Smt. Lalita Kapoor, was the owner of the aforesaid property, till his demise. The objectors denied execution of the Will dated 02nd April, 2003 and claimed the same to be a forged document. Respondent No.2, however, stated that property No.163 Golf Links was partitioned between late Shri C.L. Kapoor and late Smt. Lalita Kapoor and under that partition, the ground floor alongwith one servant quarter fell to the share of late Smt. Lalita Kapoor, whereas the rest of the property fell to the share of late Shri C.L. Kapoor. He also admitted that late Smt. Lalita Kapoor died on 15th July, 2004, leaving behind the Will dated 02nd April, 2003, bequeathing her share in property No.163 Golf Links to her daughter Anita Khosla.

(3.) The following issues were framed on the pleadings of the parties:-