SHOBHA MADAN Vs. STATE

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 278 of the Indian Succession Act, 1925 for grant of "Letter of Administration" in respect of Will dated 21st March, 2007 executed by Late Shri Kulbhushan Lal Sawhney (hereinafter referred to as "deceased").

(2.) PETITIONERS are sisters of respondent no. 2. It is alleged that deceased was the sole and exclusive owner of House no. H-312, New Rajinder Nagar, New Delhi ? 110060. Deceased had executed a Will dated 21st March, 2007, which was duly registered in the office of Sub-Registrar-III, Delhi vide registration no. 289 in Book no. 3 Volume No. 1458 on pages 187 to 188 on 21st March, 2007. It is alleged in the petition that Shri Kulbhushan Lal Sawhney passed away on 9th September, 2010. PETITIONERS and respondent no. 2 are the only Class-I heirs of the deceased as their mother had predeceased the deceased on 4th September, 1991. PETITIONERS and respondent no. 2 were the beneficiaries of the estate left behind by the deceased, which comprises of House No. H-312, New Rajinder Nagar, New Delhi ? 110060. By virtue of the Will in question deceased had bequeathed entire ground floor to respondent no. 2; whereas 1st and 2nd floors and roof rights were bequeathed to the petitioners jointly.

(3.) AFTER service, respondent no. 2 entered appearance and filed objections against the grant of Letter of Administration. However, during the course of hearing respondent no. 2 has withdrawn his objections. His statement on oath has been recorded in Court today, wherein he has admitted the genuineness and correctness of the Will dated 21st March, 2007 and has made a statement that he has no objection in case Letter of Administration is granted to the petitioners.