LAWS(DLH)-2011-7-535

MAJOR RAVINDRA MOHAN KAPUR Vs. STATE

Decided On July 12, 2011
Major Ravindra Mohan Kapur Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioners under Section 276of the Indian Succession Act, 1925, for grant of probate of the Will dated 25.10.2000 of late Smt. Shakuntala Kapur wife of Dr. Manohar Lal Kapur.

(2.) THE petitioners have extracted details of close relations being the legal heirs of the first degree as per Schedule 1 of the Hindu Succession Act, 1956. The petitioners are the sons of late Smt. Shakuntala Kapur, who died on 31.5.2002, she was a permanent resident of New Delhi. Smt. Shakuntala Kapur, by means of her registered Will dated 25.10.2000 has bequeathed her movable and immovable properties as per her Will. Notice was issued to the general public by way of publication in The Statesman, New Delhi edition and the overseas edition on 31.01.2005. Notice was also issued to the Chief Revenue Controlling Authority. The valuation report qua the estate of the deceased has also been placed on record. Pursuant to the said notice, objections have been filed by Ms. Malvika Vohra and Mr. Sushobhan Luthra, daughter and son of predeceased daughter of late Smt. Shakuntala Kapur, Dr. Manohar Lal Kapur, husband of deceased Smt. Shakuntala Kapur, despite having been served has not filed any objection to the present petition.

(3.) THE witnesses of the petitioner were duly cross -examined by the counsel for the objectors, however, it is pertinent to note that the objectors have not filed any evidence nor they have entered the witness box.