GAUTAM SONI & ANR Vs. STATE & ORS

JUDGEMENT

(1.) The present petition has been filed by two petitioners under Section 276 of the Indian Succession Act, 1925 for grant of probate in respect of a document stated to be the last will and testament dated 02.10.2010, executed by late Smt. Harsh Nanda.

(2.) Mr. Kakra, learned counsel for the petitioners states that the petitioners were family friends of late Smt. Harsh Nanda and they have filed the present petition as the executors of the subject will whereunder the deceased had made a bequest in respect of her immovable property bearing No.N-49, Panchshila Park, New Delhi.

(3.) Notice was issued on the present petition on 27.03.2015, whereafter appearance was entered by Mr.Garg, Advocate on behalf of the respondent No.2. Mr. Garg submits that the respondent No.2 is the sole class-I heir of the deceased, her father/husband of Smt. Harsh Nanda having predeceased his wife. He states that due to the frequent interference by Shri Rahul Kumar, husband of the respondent No.2 in the property, subject matter of the will, his client had to file a suit for declaration and injunction in this Court, registered as CS(OS)2930/2014. In the said proceedings, the parties were referred to mediation and a Settlement Agreement dated 06.01.2015 was executed between the respondent No.2, her husband, Mr. Rahul Kumar and the respondent No.3, minor son of the respondent No.2 and Shri Rahul Kumar, through his father and natural guardian.