KISHORE GIDWANEY Vs. STATE

JUDGEMENT

(1.) The petitioner Kishore Gidwaney has put up this petition under Section 278 read with Section 2?2 Indian Succession Act, 1925 for the grant of letters of administration with a copy of the Will annexed in regard to the Will dated 30th May, 1980 alleged to have been executed by Smt. Puran Devi widow of Dr. Gurbakash Singh Nayar whereby she is alleged to have bequeathed her perpetual sub-leasehold rights in plot No. 205 measuring 487.7 sq. yards in Block 'A' and situated in the lay out plan of New Friends Cooperative Horse Building Society Limited. New Delhi, which she had obtained from the aforesaid House Building Society vide a registered document dated 14th August, 1974. The testatrix Smt. Puran Devi died on 6th August, 1980 and at the time of her demise she left behind five near relations listed in para No. 5 of the petition and they are her husband Dr. Gurbakash' Singh Nayar and her children. Annexure 'A' of the petition gives the valuation of the property left behind by the deceased whereas Annexure 'B' gives the schedule of her debts.

(2.) Notices were issued to the Chief Revenue Controlling Authority as also to the near relations of the deceased. Citation to the general public was got published in the English daily "Statesman".

(3.) Replies were filed only by relations I and 2 Dr. Gurbakash Singh Nayar and his son Dr. R. S. Nayar and by none others even though served. From the general public no one came forth to resist this petition.