LAWS(DLH)-2012-5-580

ASHOK CHAND BURMAN Vs. STATE

Decided On May 28, 2012
ASHOK CHAND BURMAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE petitioner has filed the instant petition under Sections 276 read with 227 of the Indian Succession Act, 1925 seeking grant of probate of the Will dated 26.12.2008 executed by Late Smt. Sudha Burman.

(2.) IT is averred in the petition that Late Smt. Sudha Burman (hereinafter referred to as the deceased), W/o Late Shri Ashok Chand Burman, died on 07.03.2009 at the age of 75 years at New Delhi. Copy of her death certificate is annexed as Annexure A. The deceased at the time her death was survived by only two legal heirs i.e., her husband who is also the petitioner herein and Dr. Anand C. Burman who is the son of the deceased and thus, they both are beneficiaries under the Will dated 26.12.2008 executed by the deceased and which is her last Will and Testament. A true copy of the Will dated 26.12.2008 is annexed as Annexure B along with the petition. Probate Case No.25/2010 Page No.1 of 4

(3.) IT is stated in the petition that the signatures on the Will dated 26.12.2008 were attested in the presence of Dr. Anand C. Burman and Mr. Ajay Marwah and the execution of the said Will is proved by a declaration of Mr. Ajay Marwah. It is also stated that the deceased died leaving behind properties within as well as outside the jurisdiction of this Court and the particulars of estate of the deceased for the purpose of this petition are detailed in the Schedule which has been annexed as Annexure C along with this petition. Citation of these proceedings, have been effected in 'The