DALIP BHATIA Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 276 of the Indian Succession Act, for grant of probate/letter of administration in relation to the Will dated 20/5/1982 executed by late Shiva Ram Kanal Bhatia S/o Dr.Udhaldas, in respect of his immovable property.

(2.) Shri Dalip Bhatia claims to be the sole beneficiary of the Will dated 20/5/1982 executed by his father late Shiva Ram Kanal Bhatia to the exclusion of his brother, Shri Madhoo Kanal, sister, Mrs. Pushpa Karir and Shri Vijay Ralia, legal heir of his deceased sister, Mrs.Sheela Ralia. Shri Shiva Ram Kanal Bhatia is stated to have died at New Delhi on 17/5/1998 leaving behind the petitioner, Shri Madhoo Kanal(son), Mrs.Pushpa Karir(daughter) and Mrs.Sheela Ralia(daughter), as his legal heirs. Mrs.Sheela Ralia also died and she was survived by her two legal heirs, namely, Shri Vijay Ralia and Shri Praveen Ralia. Shri Praveen Ralia, however, passed away in 1998 and, thus, Shri,Vijay Ralia remains as sole surviving legal heir of Mrs.Sheela Ralia.

(3.) Late Shiva Ram Kanal Bhatia, as per averments in the petition, was owner of the immovable property- No.A-13, New Rajinder Nagar, New Delhi. He executed his last Will on 20/5/1982, which was got duly registered with the Office of Sub Registrar, Sub District III, New Delhi. On the basis of the said will, the immovable property No.A-13, New Rajinder Nagar, New Delhi has, according to the petitioner, devolved upon him and he continues to be in possession of the same.