SHAIL KUMARI SAXENA Vs. STATE

JUDGEMENT

(1.) By this common order, I shall dispose of the appeals arising out of an order passed by the Additional District Judge dated 28.03.2009, whereby the learned Additional District Judge granted letters of administration to Respondent No. 2 with respect to Will dated 10.08.1990 and Codicil dated 27.09.1992 alleged to have been executed by late Sh. Krishan Murari Swarup.

(2.) Briefly stating, the facts leading to filing of the present appeal are that late Sh. Krishna Murari Swarup, owner of the suit property bearing No. B-1/280, Janak Puri, New Delhi executed a Will dated 10.08.1990 and thereafter, Codicil dated 27.09.1992 naming his eldest son as the executor of the Will. By the aforesaid Will and Codicil his property situated at B-1/280, Janak Puri, New Delhi was bequeathed to Respondent No. 2. After the death of the testator on 20.10.1993, his eldest son, Amulya Kumar has not taken any steps for seeking probate of the Will in his life time but after his death, the probation petition was filed by the youngest son of the deceased, Shashi Kumar Saxena, registered as Probate Petition bearing No. 92/2007. The legal heirs of the first two sons of the deceased, namely, Sh. Amulya Kumar and Sh. Vimal Kumar also filed an independent probate petition with respect to the same Will bearing No. 2/2008. The said petition was consolidated for trial along with Probate Case bearing No. 92/2007.

(3.) After citations were issued while no objections were received from Respondent Nos. 3, 4, 5, 6 and 7 but objections were filed on behalf of the daughters of the deceased, Smt. Mala Saxena and Smt. Shail Kumari Saxena (Appellant), alleging that the Will was not executed by the testator in his sound disposing mind and Will was not written out of the deceased's free will and made under pressure.