B R GROVER Vs. STATE

JUDGEMENT

(1.) This Testamentary Case was filed seeking probate of the Will dated 22.7.1994 of late Smt. Lajwanti Grover, wife of late Sh. Haveli Ram Grover. The petition was originally filed by the named executor-Mr. B.R.Grover, a son and a beneficiary under the Will. On the death of Sh.B.R.Grover during the pendency of the case, he was substituted by Brigadier Surinder Kumar Grover, another son of deceased Smt. Lajwanti Grover, and also one of the beneficiary under the Will dated 22.7.1994. The probate petition therefore will become a petition for grant of letters of administration with the Will annexed inasmuch as the executor of the Will is no longer alive.

(2.) Sh.Haveli Ram Grover married twice. The first wife (hereinafter referred to as the 'first wife' inasmuch as none of the counsel could disclose the name of the first wife nor the name appears in the judicial record) died sometime in 1918. There were three children from the first marriage of Haveli Ram Grover namely Smt. Leela Devi Dua (daughter), Smt. Vidyawati (daughter) and Sh.Roshan Lal Grover (son). Smt. Lajwanti Grover was the second wife of late Sh. Haveli Ram Grover. From this second marriage of Sh.Haveli Ram Grover with Smt. Lajwanti Grover, seven children were born i.e. five sons and two daughters. The elder son was Sh.Darbari Lal Grover who expired before the death of Smt. Lajwanti Grover. Sh.Darbari Lal Grover died sometime around in August, 1979 leaving behind his widow-Smt. Santosh Grover and three daughters namely Smt. Anju Choudhary, Smt. Kiran Chaddha and Smt. Neelam Manchanda. The other four sons of Smt. Lajwanti Grover who were alive on the date of death of Smt. Lajwanti Grover on 18.6.1995 were Sh. Baldev Raj Grover (erstwhile petitioner), Sh. Om Prakash Grover (one of the objector), Sh. Sudarshan Kumar Grover (another objector) and Sh. Surinder Kumar Grover (the present petitioner who was substituted for Sh. Baldev Raj Grover the original petitioner). The two daughters are Kumari Amrita Grover and Kumari Shakuntala Grover.

(3.) I have given extensive details of the family inasmuch as it will have to be understood as to who are in law entitled to file objections to the Will. Objections have been filed by three persons/sets of persons. Objections firstly are filed by Sh. Roshan Lal Grover, who is the son of the first wife of late Sh. Haveli Ram Grover. The second set of objections have been filed by the legal heirs of the pre-deceased son Sh. Darbari Lal Grover namely Sh. Santosh Grover (widow of Darbari Lal Grover) and Smt. Kiran Chhadha and Smt. Neelam Manchanda, two daughters of Sh.Darbari Lal Grover. One daughter of Sh.Darbari Lal Grover, Smt. Anju Choudhary has given her noobjection to the grant of the probate inasmuch as she is a beneficiary under the Will. Third set of objections are filed by Sh. Om Prakash Grover and Sh.Sudarshan Kumar Grover. Though objections have been separately filed by these two sons of late Smt. Lajwanti Grover, however I am taking objections filed by both these persons, Sh. Om Prakash Grover and Sh.Sudarshan Kumar Grover together inasmuch as objections filed by them are near identical. Sh. Sudharshan Kumar Grover expired during the pendency of the petition and he is represented by his legal heirs including his widow-Smt. Manju Grover.