VIR BHAN CHAUDHARY Vs. STATE OF DELHI

JUDGEMENT

(1.) I have heard counsel for the appellant. She has pointed out that there is no opposition to the Will. I have also perused the impugned judgment dated 5.9.2006 in terms whereof the petition filed by the appellants for grant of probate was dismissed. The judgment reveals that near relations were served and respondents 2 to 6 filed a written statement/no objection on 25.5.2005 to the grant of letters of administration in respect of the Will dated 12.2.2001 executed by Ms. Morni Devi in favour of the petitioners/appellants.

(2.) THE Trial Court dismissed the petition on two grounds, firstly, it was not verified by an attesting witness as required by Section 281 of the Indian Succession Act. The Trial Court also cited an authority reported in AKK Nambiyar v Union of India and Another, AIR 1970 SC 652.

(3.) I find force in her arguments. On that count, the case stands remanded, opportunity is granted to the appellants to amend the plaint. The provisions of Section 281, Indian Succession Act be complied with.