RAJAN SURI Vs. STATE

JUDGEMENT

(1.) The petitioners have filed a petition under Sections 276 and 278 of the Indian Succession Act, 1995, (hereinafter referred to as the `said Act') in respect of the estate of Late Shri Mela Ram son of late Shri Ghasita Mal last resident of 33, Pusa Rad, New Delhi, who died on 25.09.1978.

(2.) Late Shri Mela Ram was the paternal grandfather of the petitioners and respondent No.2, Shri Aman Suri. Late Shri Mela Ram had two sons and three daughters. The petitioners are grandsons from one son while respondent No.2 is the grandson from the other son.

(3.) Late Shri Mela Ram is stated to have executed a registered Will dated 26.12.1974 in favour of the petitioners and respondent No.2. The original Will is not traceable but since the Will was registered, a certified copy of the Will has been placed on record. It is the case of the petitioners that they had no knowledge of the said earlier Will and it is only about five months prior to the filing of the petition that one Shri Ram Chawla son of late Shri Ishwar Das Chawla disclosed the factum of a Will having been executed since late Ishwar Das Chawla apparently scribed the registered will. Thereafter steps were stated to have been taken by the petitioners to obtain the certified copy of the Will. The last original will was not traceable despite efforts made in this behalf. The total value of the properties bequeathed in pursuance to the will is stated to be Rs.3 crores and the shares in the properties are mentioned in para 9 of the petition.