RACHNA KUMAR Vs. STATE

JUDGEMENT

(1.) TEST. CAS. No. 8/1992 The petitioner has filed this petition under Sections 276 and 300 of the Indian Succession Act for grant of probate of the last Will and Testament dated 26.07.1991 of the deceased Dr. (Mrs.) Kusum Kanwar Krishna, who passed away on 28.12.1991.

(2.) The petitioner is the residuary legatee under the aforesaid Will. The petitioner is not directly related to the Testator and the legal heirs of the deceased Testator have been set out in para 5 of the petition. The legal heirs had filed objections being respondents No. 1, 2, 5, 6, 7A, 7B, 7C and 8. The parties have settled the dispute and on 03.01.2006, the Objectors sought to withdraw the objections. The objections were to be treated as withdrawn in view of the settlement embodied in the Agreement dated 30.11.2004 as modified by the Undertaking dated 02.01.2006.

(3.) The original Will dated 26.07.1991 has been placed on record in terms whereof Mr. Gulab M. Primlani was appointed as the Executor who expressed his unwillingness to act as the Executor.