SANJAY SURI Vs. STATE

JUDGEMENT

(1.) .Petitioner, Sanjay Suri filed a petition for grant of probate/ Letters of Administration under Section 278 read with Section 218 of the Indian Succession Act (in short the Act) and seeking a probate in respect of the will of the deceased Smt.Kaushalya Devi dated 6.7.1993. The petition was instituted in May, 1998. However, the same was not registered on account of objections of non-filing of the affidavit regarding valuation of property. Petition was registered in September, 2000 on valuation being filed and issues were framed on 25.9.2000.

(2.) .The deceased Kaushalya Devi, widow of late Sh.Khub Chand Suri expired on 22.3.1997. Her husband, Sh.Khub Chand Suri, who owned property bearing Municipal No.WZ-177, G Block, Hari Nagar, jail Road, New Delhi pre-deceased her on 4.11.1969. Late Sh.Khub Chand Suri and Smt.Kaushalya Devi had only one issue, namely, late Sh.Siri Ram Suri. Late Sh.Khub Chand Suri left behind the following legal heirs.

(3.) .Petitioner's case is that on the death of Sh.Khub Chand Suri, who died intestate, half of the property devolved upon Smt. Kaushayla Devi and the other half of the property devolved upon the legal heirs of Siri Ram Suri in equal share. It is claimed that the petitioner, his mother, respondent No.2 and daughters of Siri Ram Suri, namely, respondent Nos.3, 4 and 5 relinquished their respective shares in the property bearing municipal No.WZ-177, G-Block, Hari Nagar, Jail Road, New Delhi in favour of Smt.Kaushalya Devi. Based on such relinquishment, the Municipal Corporation, it is stated, mutated the property in favour of Smt.Kaushalya Devi.