RAJINDER PARSHAD SHARMA Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under Section 276 of the Indian Succession Act, 1925 seeking probate of the document dated May 31, 1989 claimed to be the validly executed last Will of deceased Shyama Sharma, who died on January 07, 1990. The prayers made in the petition are the following:

(2.) It is averred in the petition that the testatrix is survived by the petitioner, who is the adopted son of the testatrix and has been appointed as an executor to the Will, and four daughters i.e., Respondent Nos. 2-5 viz. Smt. Usha Pushkarna (died during pendency of the petition), Smt. Kamla Sharma, Smt. Krishna Dwivedi and Smt. Santosh Sharma. It is noted from the record that the husband and one daughter (Late Nirmala Pushkarna) of the testatrix pre-deceased her.

(3.) The deceased is stated to have executed a document called a Will dated May 31, 1989 (hereinafter 'Will'), which was duly attested by Shri Anoop Bagai and Shri Sanjeev Sindhwani. The contents of the same are reproduced hereinunder:-