SURINDER KUMAR MALHOTRA Vs. STATE

JUDGEMENT

(1.) Petitioner has filed this petition under Section 276 of the Indian Succession Act, 1925 (for short hereinafter referred to as "the Act") seeking probate of the Will dated 26th June, 1997 left behind by Late Smt. Leela Vohra, daughter of Shri Bishan Singh.

(2.) It is alleged that Smt. Leela Vohra died on 26th October, 2009. Before her death she executed a Will dated 26thJ une, 1997, which was duly registered in the office of Sub-Registrar III vide registration no. 2598, Additional Book No. III, Volume No. 992 at pages 86-91 on 7th July, 1997. Late Smt. Leela Vohra bequeathed her moveable and immoveable properties, as shown in "Schedule-I" annexed with the plaint, in the manner as detailed in the Will. The testatrix has appointed the petitioner and Ms. Neeru Abrol, as joint executors of the Will. The Will was drafted by Mr. S.D. Banda, Advocate r/o B-42, Defence Colony, New Delhi - 110024 and was witnessed by Ms. Neeru Abrol, Mr. C. P. Malhotra, Dr. Bimal K. Chhajer and Ms. Santosh Mehta. Late Smt. Leela Vohra was of sound and disposing mind at the time of executing the Will.

(3.) Initially legal heirs of testatrix were not impleaded as respondents. On the application filed by the petitioner under Order 1 Rule 10 CPC, all the legal heirs of the deceased were impleaded as respondent nos. 2 to 12. All the legal heirs, that is, respondent nos. 2 to 12 have filed their respective affidavits stating therein that they have no objection if the probate of Will dated 26th June, 1997 is granted in favour of the petitioner.