GIRIJA OJHA Vs. STATE

JUDGEMENT

(1.) THIS is a petition for grant of Probate in respect of the Will executed by late Shri Shiva Sharan Ojha on 03rd January, 2005. The petitioner is the wife of the deceased- testator, whereas respondents 2, 3 and 5 are his sons. Respondent No. 4 is the daughter of the deceased. The petitioner sought Probate of the Will only in respect of ground floor of property No. A-36, Lok Vihar, Pitampura, Delhi-110034 and not in respect of the entire estate of the deceased.

(2.) OBJECTIONS were filed by respondent No. 5, who took a preliminary objection that a petition seeking probate only in respect of the ground floor of property No. A-36, Lok Vihar, Pitampura, Delhi-110034 is not maintainable since probate is to be granted in respect of the entire Will and not a part of it. However, execution of the Will dated 03rd January, 2005 was admitted by respondent No. 5.

(3.) THE petitioner has also examined herself as PW-1 and has stated that respondents 2, 3 and 5 are her sons, whereas respondent No. 4 is her daughter. She has further stated that late Shri Shiva Saran Ojha died on 20th June, 2005 and a copy of the Death Certificate is Ex.-1. THE receipt issued by Punjabi Bagh Crematorium, where he was cremated on 21st June, 2006, is Ex.-2. She has further stated that at the time of death, late Shri Shiva Saran Ojha was residing at A-36, Lok Vihar, Pitampura.