SNEHLATA AGGARWAL Vs. STATE OF DELHI

JUDGEMENT

(1.) This is a petition by SmtSnehlata Aggarwal under Section 276 and 278 of the Indian Succession Act 1925 for grant of Probate/ Letters of Administration in respect of the Will of her late father Shri Prabhu. It is stated in the petition that Shri Prabhu Narain is a permanent resident of A-88, Saraswati Vihar, New Delhi. He died on 27.5.99 leaving behind three sons, namely, Shri Brajendra Kumar Aggarwal, Shri Rajendra Kumar Aggarwal and Shri Krishan Kumar Aggarwal and two daughters, namely, Smt.Pooja Goyal and the petitioner. It is further stated that late Shri Prabhu Narain left behind one house built on a plot of about 990 sq.ft. and one other house built on a plot of 1155 sq.ft. both situated in Mohalla Saddupur Mohana, Kasba Chunar, Distt. Mirzapur (UP) besides other properties. Both the aforementioned houses were self acquired properties of late Shri Prabhu Narain and was purchased by him from Shri Kalyan Dass Singhal and from Shri Lalit Prasad vide Sale Deeds dated 21.9.91.

(2.) According to the petitioner on 27.4.98 Shri Prabhu Narain while being in perfect state of health and sound disposing mind executed a Will at Delhi in respect of the above two properties in the presence of two witnesses, namely, Shri R.K.Aggarwal and Shri O.P.Sethi. By virtue of the Will he bequeathed the said houses to the petitioner. Being a beneficiary in the Will, the petitioner has filed the present petition seeking Probate/Letters of Administration with respect to the same.

(3.) Notice of the petition was issued to all the legal heirs of Prabhu Narain except of course the petitioner. All of them in response to the notice filed their no objections to the grant of probate of the Will dated 27.4.1998 in favour of the petitioner. Subsequently, on 21.9.1995 all of them except Pooja Goyal made a joint statement to the same effect before the Joint Registrar. Smt.Pooja Goyal made a similar statement on 10.1.2006. The notice to the public at large was also given with regard to the petition by ordering publication in newspaper" Indian Express" Delhi edition and "Umar Ujala" but it evolved no response.