ANAND BURMAN Vs. STATE

JUDGEMENT

(1.) This is a petition under Sections 276 read with 227 of the Indian Succession Act, 1925 for grant of probate in respect of a Will executed by late Smt. Sudha Burman on 26.12.2008.

(2.) It is alleged in the petition that late Smt. Sudha Burman, mother of petitioner herein, died at New Delhi on 07.03.2009. She was 75 years old at that time. It is alleged that late Smt. Sudha Burman was survived by two legal heirs namely her husband late Shri Ashok Chand Burman, who died during the pendency of this petition and her son Dr. Anand C. Burman who is the only surviving petitioner. The disposition of her properties by late Smt. Sudha Burman was in the following manner:

(3.) The Will dated 26.12.2008 purports to be attested by two witnesses namely petitioner Dr. Anand C. Burman and one Mr. Ajay Marwah. In his affidavit by way of evidence, Mr. Ajay Marwah has stated that the Will dated 26.12.2008 was executed by late Smt. Sudha Burman wife of Mr. Ashok Chand Burman resident of 2, Rajesh Pilot Road, New Delhi in his presence. He identified signatures of late Smt. Sudha Burman. He also identified his own signatures on the Will Ex.PW1/1, at Point C?.