(1.) BOTH the aforesaid probate petitions have been filed for grant of Letters of Administration in respect of the last will of late Shri Bhikhu Ram Gupta, who died on 04.10.1998, leaving behind him three sons and four daughters. The deceased testator was the owner of a double storey house built on Plot No.21/32, Shakti Nagar, Delhi. The admitted case of the parties is that the said plot was purchased and the construction raised thereon out of the exclusive savings and earnings of the deceased testator and as such, the deceased testator had complete right to dispose of and bequeath the said property in accordance with his own desire. The three sons of Shri Bhikhu Ram Gupta had been living with him in the aforesaid property from the time of its purchase till the date of his death. Insofar as the four daughters of Shri Bhikhu Ram Gupta are concerned, it is the common case of the parties that the testator had discharged all his obligations towards his daughters, who were married and well placed in life.
(2.) THE first probate petition, being TEST CASE No.44/1999, is filed by one of the sons of late Shri Bhikhu Ram Gupta, namely, Shri Krishan Dass Gupta for grant of Letters of Administration in respect of the will of his father dated 6th March, 1992. The second probate petition, being TEST CASE No.51/2004, has been filed by the youngest son of late Shri Bhikhu Ram Gupta, namely, Shri Ram Kumar Gupta, who has staked his claim to the grant of Letters of Administration in respect of the estate of his deceased father premised on the will dated 21st September, 1998. Succinctly, the assertions made in both the aforesaid probate petitions are as follows.
(3.) IT is further asserted in the petition that since the deceased testator was growing old, with a view to ensure harmony in the family both during his lifetime as well as after his death, he had executed a will dated 06.03.1992 in terms of which he had expressed his desire and bequeathed his immovable property in the following manner: -