SMT. KRISHNA Vs. STATE

JUDGEMENT

(1.) In the above-captioned first petition, probate of Will dated 31st Aug., 1971 is sought by wife of late Banarsi Dass, who claims to be the Executor of the said Will. Copy of the Will dated 31st Aug., 1971 is annexed as Annexure-B with the probate petition and the particulars of immovable property i.e. B-1/20, Hauz Khas, New Delhi are attached as Schedule 'B' to the probate petition. List of legal heirs of late Banarsi Dass is Schedule 'A' to this petition. Particulars of cash deposit made by late Banarsi Dass with M/s. Prithvi Raj Banarsi Dass and M/s. Prithvi Raj Banarsi Dass Saree House are appended as Schedule 'C' to this petition. List of liabilities of late Banarsi Dass are Schedule 'D' to this petition. Copy of death certificate of late Banarsi Dass is Annexure-A to this petition. Copy of the assessment order in respect of immovable property in question is Annexure-C to this petition.

(2.) The undisputed facts are that late Banarsi Dass was owner of immovable property B-1/20, Hauz Khas, New Delhi and he had died on 29th Dec., 1984 and that late Banarsi Dass had left behind his widow-Smt. Krishna and four daughters whose particulars find mention in Schedule 'A' to the probate petition. It is also not in dispute that late Banarsi Dass, during his lifetime, had remarried after the death of his first wife and Smt. Janak Rani, Usha and Veena are his daughters from his first wife and Smt. Neeru Babbar is the daughter from his second wife.

(3.) It is also matter of record that during the pendency of these petitions, Smt. Krishna (wife of late Banarsi Dass) and Ms. Usha (daughter of late Banarsi Dass) had died and Ms. Neeru Babbar, legal heir of Smt. Krishna, has been brought on record. In the above-captioned first petition, probate is sought in respect of Will of 31st Aug., 1971 whereas in the above-captioned second petition, Letter of Administration is sought on the basis of Will of 20th Nov., 1984 in respect of tenancy rights in house No. 3500, Gali Sang-Tarashan, Bara Hindu Rao, Delhi having good-will/pugree of Rupees Five lacs. Apart from the immovable property as detailed in Annexure 'B' to the petition filed by Smt. Janak Rani and others, Goodwill in the partnership business of late Banarsi Dass is also sought.