P P SINGH Vs. STATE

JUDGEMENT

(1.) I .A. No. 269/2015 (u/O 7 R 11 CPC) in Test Case. No. 95/2012

(2.) THE petitioner has filed the present petition under Section 276 of the Indian Succession Act for grant of letters of administration in favour of the petitioners in respect of the Will dated 25.03.2011 said to be signed and executed by the Testator Col. Udai Pratap Singh.

(3.) THE present application is filed by respondent No.2/objector stating that she is the legally wedded wife of the deceased and the only class -I heir. Reliance is placed on Section 222 of the Indian Succession Act which provides that a probate can only be granted to an executor appointed by the Will. It is urged that the probate petition has not been filed by an executor appointed by the Will and has been filed by Sh. P.P. Singh and Lt. Col.Abhimanyu Pratap Singh who are the alleged beneficiaries of the Will in question and hence is not maintainable. On these grounds, the applicant has filed the present application seeking dismissal of the probate petition. Reliance is placed on the judgment of this High Court in the case of Test. Cas. No. 98/2008 decided on 16.04.2012 titled as Gopal Krishan s/o Dr. Ishwar Sahai Vs. State Of Delhi and Ors.