VIJAY KUMAR MEHRA Vs. STATE

JUDGEMENT

(1.) BY this judgment, I propose to dispose of the present petition under Section 276 of the Indian Succession Act, 1925 seeking grant of probate/letters of administration of the Will dated 1st January, 1989 executed by the deceased Smt. Vidyawati Mehra widow of late Shri J.N. Mehra with the Will annexed.

(2.) THERE is no dispute so far as the legal heirs of the deceased and her estate are concerned. It has been established before this court that late Smt. Vidyawati Mehra was the widow of late Shri J.N. Mehra. She had expired at New Delhi on the 26th March, 1993. Her demise was duly registered with the Municipal Corporation of Delhi. The death certificate has been exhibited on record as Exhibit PW1/1.

(3.) THE petitioner has placed reliance on a writing dated 1st January, 1989 and has asserted that the same was the last Will and testament executed by the deceased Smt. Vidyawati Mehra while in sound disposing mind and of her own free will and accord. This document was also registered with the Sub-Registrar III, New Delhi as document no. 5915 in additional book no. III, Volume 766 at pages 159-160 on 27th of December, 1993 after the demise of the late Smt. Vidyawati Mehra.