ASHA SIKKA Vs. STATE

JUDGEMENT

(1.) The probate case had a chequered carrier. The facts are very simple and they may be stated briefly. Dr. Nirmal Prakash was owning an immovable property, other shops and other bank deposits. His wife was Smt. Sukh Nandan. They had a daughter Smt. Asha Sikka and a son Mr. Ashok Kumar Prakash.

(2.) On 4.10.1978 Dr. Nirmal Prakash executed a Will, with reference to his house No. D-907, New- Friends Colony bequeathing the same to the daughter Smt. Asha Sikka and other properties to his wife Smt. Sukh Nandan. After the marriage of the son, perhaps the son had changed and, therefore, both Dr. Nirmal Prakash and Smt. Sukh Nandan executed separate Wills on 20th of February 1980. Dr. Nirmal Prakash in his Will in supersession of all the earlier Will gave life interest to his wife in the immovable property and the vested remainder to the daughter. He devised the fixed deposit to his wife and other deposits to his daughter. The wife Smt. Sukh Nandan was appointed as the executrix. On the same date. as I had mentioned earlier, Smt. Sukh Nandan executed a Will bequeathing whatever she had to the daughter. The son was not given anything by the parents. On 3.12.1986 Dr. Nirmal Prakash died. On 25.2.1987 Smt. Sukh Nandan in her capacity as the executrix applied for probate of me Will other husband Dr. Nirmal Prakash under Section 222 of the Indian Succession Act, 1925. The son Mr. Ashok Kumar Prakash did not file any objections to the grant of probate. During the pendency of the probate case, Smt. Sukh Nandan died on 14.5.1988.

(3.) The daughter Smt. Asha Sikka filed I.A.6069/88 in the above case to continue the petition filed by the mother and for the grant of Letters of Administration. This Court on 20th of March 1991 passed an order permitting the substitution of Smt. Asha Sikka as petitioner and also permitting her to continue with the petition. It was also ordered that Smt. Asha Sikka to be entitled to the Letters of Administration. The relevant portion of the order reads as follows:-