GIRDHARI LAL BHAT Vs. STATE

JUDGEMENT

(1.) This is a petition moved under Section 276/279read with the first proviso to Section 273 for grant of letters of Administrationwith respect to the estate of late Shri Maha Nand Bhat who had died on12-5-1979 in Delhi. The applicant is the deceased's eldest son, namely,Girdhari Lal Bhat. Respondent No. 3 is the daughter of the deceased, whilerespondents Nos. 4 and 5 are the sons of the petitioner. They have filedreply to the effect that they have no objection to the grant of letters ofAdministration in petitioner's favour. Respondent No. 2 Triloki Nath is theanother son of the deceased, who has been disinherited by the deceased withregard to his self acquired property. He has not appeared to contest thepetition.

(2.) A notice for public was issued in the newspapers. None hasappeared to contest the petition.

(3.) Ex. 'A' is the registered Will dated 6-5-1971 which late Shri MahaNand Bhat executed in Delhi. It is in Urdu, and its English translation hasbeen filed on record. The scribe of this Will has been examined as Public Witness 3,Mukand Lal Khanna. He has deposed that the deceased had brought thedraft with him, and then he prepared the Will Ex. A-1. This was signed bythe deceased, and attested by the two witnesses then. A copy of the entry inhis registers Ex. Public Witness 3/1. The witness is a regular petition writer.