NISHI GUPTA Vs. STATE AND ORS.

JUDGEMENT

(1.) This I.A. has already been disposed of vide an Order dated 5.12.2012, and therefore, this I.A. need not be shown in the list.

(2.) Respondent Nos. 2 to 6 have already given their no objection in favour of the petitioner for grant of letters of administration of the Will dated 15.1.2009 of late Smt. Damyanti Devi. Since, however, the present case is a testamentary case and filing of no objections would not have been sufficient, therefore, petitioner has led evidence to prove the Will.

(3.) In view of the above facts it is seen that the respondent Nos. 2 to 6 are the class I legal heirs under the Hindu Succession Act, 1956 of late Smt. Damyanti Devi and thus they are the only persons who would have direct interest to the estate of late Smt. Damyanti Devi in case there was no Will of late Smt. Damyanti Devi and she had died intestate. The only other person who could have claimed locus or interest in the present testamentary case would be a person who would be relying upon any other Will of late Smt. Damyanti Devi other than the Will dated 15.1.2009 of late Smt. Damyanti Devi which is propounded in the present case.