SATISH CHANDRA GUPTA Vs. STATE

JUDGEMENT

(1.) Satish Chander Gupta, hereinafter described as the petitioner has filed the petition for grant of probate of the will dated 30/10/1981 of Mrs. Bishan Devi or in the alternative for grant of Letters of Administration pertaining to the will referred to above.

(2.) The facts alleged are that Mrs. Bishan Devi, who was governed by the Mitakhara School of Hindu Law died at Delhi on 2/01/1988. She had executed her last will at Delhi on 30th October, 1981 in presence of two witnesses, namely Hemlata and Rajiv Gupta. At that time, she was in full possession of her mind and senses. Respondents 2 to 6 are the sons and daughters of the deceased. In addition to that Kailash Chandra and Ramesh Chandra, her two sons had pre-deceased her. Respondents 7 to 13 are the children of the said pre-deceased sons of Mrs. Bishan Devi. It is the claimed that because of the said will applicant is entitled to administer the estate of the deceased Bishan Devi. Hence the present petition.

(3.) Contest has been offered basically by respondents 3 and 7 to 10. They had denied the execution of the said will while respondents 2, 4, 5, 6, 10, 11, 12 and 13 had filed their no objection for grant of the probate.