HARISH NARAIN MATHUR Vs. STATE

JUDGEMENT

(1.) The present petition under Sec. 276 of the Indian Succession Act, 1925 (The 1925 Act) has been instituted for grant of probate in respect of the last Will of the Testator dtd. 1/8/2012. The Will has been authored by the late Smt. Aruna Mathur and stands duly registered on 29/9/2012 in the office of the Sub-Registrar-VIII, New Delhi.

(2.) In terms thereof, the Testator has made a bequest in favour of the petitioners in respect of Flat No. 65, Anupam Apartments, Vasundhara Enclave, Delhi-110096.

(3.) For the purposes of disposal of the present petition, the following essential facts alone need be noticed. Sh. Behari Narain Mathur was originally married to Smt. Sudha Mathur. The couple was blessed with two sons, namely, Sh. Harish Narain Mathur the first petitioner and Sh. Gyanesh Mathur the second respondent in these proceedings. Smt. Sudha Mathur is stated to have died in November 1963. Sh. Behari Narain Mathur is, thereafter, stated to have married Smt. Vimla Gupta @ Anuradha Mathur @ Naina Lal. The respondent no. 3 Sh. Sanjay Mathur was born out of this wedlock. The marriage between Sh. Behari Narain Mathur and Smt. Vimla Gupta ultimately ended in a divorce. Sh. Behari Narain Mathur, is, thereafter, stated to have married Smt. Aruna Mathur the Testator. However, no children were born out of the said union.