PRAVEEN AGGARWAL Vs. STATE

JUDGEMENT

(1.) The Petitioner has filed the present petition under Sec. 276 of the Indian Succession Act, 1925 seeking probate of the will dtd. 29/11/1990 of her maternal aunt, Late Sarla Gupta (hereinafter referred to as the "Testatrix").

(2.) The Testatrix had during her lifetime purchased a property bearing No. B-107, Swasthya Vihar, Delhi- 110092 admeasuring 390 sq. yards by way of a perpetual sub-lease deed executed in the year 1979. Subsequently, the said property was converted from leasehold to freehold and accordingly, a Conveyance Deed was executed in favour of the Testatrix which is registered with the Sub-Registrar-IV, Delhi. During her lifetime, the Testatrix executed a Will dtd. 29/11/1990 in respect of the said property relinquishing the entire share, title and interest in the said property in favour of the Petitioner.

(3.) It is stated that as the Testatrix was unmarried during her life and her parents have pre-deceased her therefore, no class-1 legal heir is in existence. The Respondents No. 2 and 3 are the real sisters of the Petitioner while the Respondents No. 4 to 6 are the cousin sisters of the Petitioner, being the daughters of the late brother of Smt. Sarla Gupta, Sh. Jugal Kishore.