VIDYA SAGAR SONI Vs. STATE OF DELHI

JUDGEMENT

(1.) Late Smt. Krishna Devi died on 8th July, 1983 at the age of 74 years. She was survived by three sons, Vidya Sagar, Yudhishter Lal and Ranbir. At the time of her death, she was the owner of property bearing Municipal No. D-SC/3, Mansarovar Garden, New Delhi and H-6/16, Malviya Nagar, New Delhi. She had various amounts lying in credit in accounts opened with State Bank of India, Karol Bagh branch and Nagpur branch as also Punjab National Bank, Gurdwara Road, Karol Bagh, New Delhi. She held certain shares in companies. Though, Yudhishter Lal asserts that she had personal jewellery, but at the hearing held on 23rd August, 2006, Shri Atul Jain, learned counsel for Shri Yudhishter Lal stated that his client does not wish to rake up any issue pertaining the jewellery.

(2.) In any case, in the present proceedings, issue of title and determination of the estate of the deceased is not required for the reason Vidya Sagar Soni seeks probate of a will purported to have been executed by the deceased on 3rd May, 1981. Ranbir supports Vidya Sagar. Yudhishter has opposed the petition.

(3.) On 9th September, 1988, following two issues were framed: