INDU SONI Vs. STATE AND OTHERS

JUDGEMENT

(1.) Present petition has been filed by petitioner under Section 372 of Indian Succession Act, 1925, for grant of succession certificate in favour of the petitioner with respect to movable assets of late Sh.Jagdish Kumar Soni.

(2.) According to the petitioner, the testator, Sh.Jagdish Kumar Soni died intestate leaving behind his wife and three daughters. This petition is filed by the wife and daughters have been arrayed as respondents no.2 to 4. Respondents no.2 to 4 have filed their affidavits deposing that they have no objection if a succession certificate is issued in favour of the petitioner herein with respect to the movable properties.

(3.) Objections have been filed in this petition by one, Ms.Uma Sharma who relies on a Will dated 4.7.2012 of late Sh.Jagdish Kumar Soni, which is also a subject matter of Test Cas.No.59/2013. As per the Will dated 4.7.2012, which is disputed by the petitioner and her daughters a sum of Rs.25.00 lakhs has been bequeathed to her and further a factory premises measuring 800 sq. yards at Plot No.B-119, Road No.13, Block No.2, Kant Enclave, Faridabad, has been bequeathed to the brother of the deceased, Mr.Ashok Kumar Soni (petitioner in Test Cas.No.59/2013).