JOGINDER NATH SETH Vs. STATE OF DELHI

JUDGEMENT

(1.) The petition has been filed for grant of letters of administration under Section 276 and 278 of the Indian Succession Act, 1925 of the last Will and Testament dated 21.10.1987 of the deceased/testator Sh. Ram Nath Seth.

(2.) Sh. Ram Nath Seth is stated to be a Hindu by religion. Sh. Ram Nath Seth died on 07.12.1987 at his residence at Ashok Vihar, Delhi. His wife Lal Devi died on 21.07.1981 and thus pre-deceased him. At the time of his death, the deceased/testator is stated to have survived by three sons and two daughters as mentioned in para 3 of the petition. One other son Sh. Pran Nath Seth, who is stated to be a bachelor, died on 01.01.1973 thus pre-deceasing the testator. The petition has been filed by the youngest son of the deceased/testator and it is stated that the testator had been living with the petitioner till his death for about nine years.

(3.) The petitioner is the only residuary legatee under the Will. The petitioner is the beneficiary of Flat No.D/43, Cooperative Housing Society, Plot NO.107-G, Hill Road, Bandra (W), Mumbai and one office situated at Mota Market, Mumbai.