SUNITA KAKKAR Vs. STATE

JUDGEMENT

(1.) The present petition under Sec. 276 of the Indian Succession Act, 1925 seeks grant of probate of the Will dtd. 22/10/2013, in respect of the movable and immovable properties left behind by Shri Manohar Lal (hereinafter referred to as the 'Testator'), who expired on 25/3/2015.

(2.) Before dealing with the rival submissions of the parties, the brief factual matrix as is necessary for adjudication of the present petition may be noted.

(3.) The petitioner, who is the daughter of the Testator claims that the aforesaid Will, vide which the Testator had bequeathed all his movable and immovable assets in her favour was his last and only testament and was also attested by a Notary Public. It is further claimed that the Will was signed by the Testator in the presence of two attesting witnesses, who had signed the Will in his presence and in the presence of each other.