SHANTANU MEHRA Vs. STATE

JUDGEMENT

(1.) Shantanu Mehra and Nikhil Mehra, hereinafter described as the petitioners have filed the present petition under Section 276 of the Succession Act for grant of the probate certificate with respect to the will dated 8/2/1991 of Smt. Iqbal Kaur wife of late N.S.Bajaj.

(2.) The petitioners are the grandsons of Smt. Iqbal Kaur. It is alleged that she had expired on 10/12/1996. She had executed a will dated 8/2/1991. She died leaving behind five sons and two daughters. The present probate petition has been filed with respect to the properties i.e. Flat No. 1001, X Floor, Akash Deep Building, New Delhi and l/3rd share in flat no. 109 situated in ECE House at 28/A Kasturba Gandhi Marg, New Delhi. By virtue of the will it is asserted that the deceased had bequeathed her 1/3rd share of the property E/109, ECE House in favour of petitioner no.2 Nikhil Mehra while the other flat in Akash Deep building has been bequeathed to petitioner no.1 Shantanu Mehra.

(3.) Citation had been published and notices were issued to the other heirs. No objection has been filed by any/of the said heirs. On the first occasion on behalf of respondent no.1. (Balbir Singh) it had been stated that he would be filing certain objections but even the same were withdrawn on 22/4/1999.