PRADUMAN KUMAR JOLLY Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 30th May, 1994 of the Additional District Judge, Delhi in Probate Case 298/93. The learned lower Court vide the impugned judgment allowed the petition filed by the respondent No. 2 undersection 278 of the Indian Succession Act and granted letters of Administration in his favour.

(2.) The facts in the present appeal are that the respodent No. 2 filed a petition under Section 278 of the Indian Succession Act for grant of letters of administration with respect to the Will dated 27.7.1977 executed by his mother Smt. Leela Wanti. The testatrix died on 28.1.1981 loving behind the appellant and the respondents - Shri P.D. Jolly respondent No. 2" Shri Tilak Raj Jolly respondent No. 3, Shri Sudesh Kumar Jolly respondent No. 4, Late Shri O.P. Jolly and Shri Durga Dass Jolly respodent No. 6 as her sons and three daughters. During her life time she had executed the Will in question whereby two immovable properties belonging to her had been bequeathed to her six sons in equal shares to the exclusion of her three daughters.

(3.) Citation to the general public was issued in Chitra Weekly dated 23rd September, 1993 and all the heirs of the testatrix were duly served. However, only respondents Tilak Raj Jolly, Sudesh Kumar Jolly, Parduman Kumar Jolly, Durga Dass Jolly.Om Prakash and Smt. Sevan Kumari filed their reply, lt was pleaded that the respondent No. 2 was not entitled to the grant of Letters of Administration as he had foisted false criminal cases on his remaining brothers.