LALIT BATRA Vs. STATE

JUDGEMENT

(1.) The petitioners being the beneficiaries named in the Will dated 30.03.2001 executed by Smt. Lajwanti Batra, who died on 15.08.2010, have filed the present petition under Section 276 of the Indian Succession Act, 1925 seeking grant of probate in respect of the said Will. The respondents No. 2 to 4 are the grand children of Smt. Lajwanti Batra.

(2.) It is averred in the plaint that the Testatrix - Smt. Lajwanti Batra executed her last Will and testament on 30.03.2001 bequeathing her entire movable and immovable properties in favour of her one son and two daughters (the petitioner Nos. 1, 2 and 3 herein) to the exclusion of the children of her deceased daughter, late Smt. Raj Tanwar. The said Will was duly witnessed and registered in the office of Sub-Registrar, New Delhi as document No. 2365, Book No - III, Volume No. 927, at pages 190 to 192.

(3.) Notice of the petition was issued to the State and all the other respondents. Publication of citation in the Delhi edition of the 'Statesman' was also got effected. Notice was also issued to the Chief Revenue Controlling Authority for valuation report. Despite service, there was no appearance on behalf of the respondents. There has been no opposition to the petition from any of the respondents. The respondents were accordingly proceeded ex parte on 13.12.2011.