RENU BRIJ Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed the present petition under sections 213, 228, 273 ofIndian Succession Act, 1925 read with section 41 of Indian Evidence Act and Section 13 of Civil Procedure Code, seeking re- endorsement over the probate already granted in favour of the petitioner by a foreign court in respect of the Will dated 12.3.2009 executed by her husband, late Sh. RusiBrij who died on 20.5.2009 in New Jersey,USA. Copy of the death certificate is placed on record. Respondent nos. 2 and 3 are son and daughter, Respondent no.4 is the mother and respondent no. 5 is the brother of the testator.

(2.) IT is the case of the petitioner that as per the said Will, the deceased appointed Petitioner as beneficiary as well as Executor to the said Will. It is averred in the plaint that the testator, Sh. RusiBrij executed his last Will and testament on 12.3.2009 bequeathing his entire movable and immovable properties in favour of his wife, the Petitioner herein, to the exclusion of his other legal heirs, namely, his two children (Respondent nos. 2 & 3).. Respondent no. 4 and respondent no. 5 are impleaded as parties to the case because they along with the testator have 1/3rd share each in aforesaid immovable properties of the petitioner located in India, namely, A-3/509 Milan Vihar , Plot No. 72, IP Extention, Patparganj, New Delhi 110092 and A-502, Sun City, Sector 52, Gurgaon, Haryana.

(3.) I have heard the counsel for the petitioner and examined the documents placed on record.