S S SRIVASTAVA Vs. STATE OF DELHI

JUDGEMENT

(1.) 1. By this petition under Section 300 read with Sections 276 and 239 of the Indian Succession Act, 1925, Dr. S.S. Srivastava has sought probate of a document asserted to be the last Will and Testament dated 28th August, 1977 purportedly executed by late Shri Ram Singh Srivastava. The petitioner has arrayed his four sisters Mrs. Shashi Srivastava, Ms. Kusum Srivastava, Ms. Suman Srivastava and Mrs. Nayan Srivastava as respondent nos.2-5 in the petition. Public notice of the filing of the petition was directed to be published in the Delhi and the overseas edition of 'The Statesman by the order dated 20th December, 1999. On the same date, notice was also ordered to be issued to the Chief Revenue Controlling Authority and the respondents. Such publication was duly effected in the issue dated 8th April, 2000 in the local and overseas edition of 'The Statesman. No objections were filed by the general public, however the respondent No. 2 filed an application being IA No. 434/2001 under Section 282 of the Indian Succession Act, 1985 raising objections to the grant of probate. Replies raising objections to the petition were also filed by the respondent nos.2, 3 & 4.

(2.) The respondent No. 2, Smt. Shashi Srivastava, filed objections to the probate petition setting up a Will dated 28th October, 1987 executed by the Late Shri Ram Singh Srivastava. A photocopy of this Will was placed on record by her. It has been brought on record that the photocopy of this Will was attested by the petitioner as a true copy.

(3.) The respondent nos.3 & 4 also filed similar objections to the probate petition filed by the petitioner submitting that in terms of the Will dated 28th October, 1987 left by the Late Shri Ram Singh Srivastava, the petitioner and the respondent nos.2 to 5 were entitled to equal share in the property. It was also asserted that on the request of the petitioner, respondent No. 2 had agreed to relinquish her share in the property in his favour if he shares the property with the remaining sisters in terms of the desires of their late father as expressed in the Will dated 28th October, 1987. The respondent nos.3 & 4 also placed reliance on an agreement executed by the petitioner on 12th January, 2000. It has been submitted that on this representation made by the petitioner, the respondent No. 2 had relinquished her share in the property in favour of the petitioner by a deed dated 12th January, 2000. On these pleas, it is contended that the Will dated 28th August, 1977 was false and the probate petition was liable to be dismissed.