KAILASH KUMAR CHALIA Vs. STATE & ORS

JUDGEMENT

(1.) This Petition under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as the Act) seeks Grant of probate/ Letters of Administration in respect of two Wills and Testaments both dated 26.06.2009 of Late Puran Dass Chalia and Late Smt. Lado Bai Chalia.

(2.) The Petitioner Sh.Kailash Kumar Chalia, son of Late Shri Puran Dass Chalia and Smt. Lado Bai Chalia (hereinafter referred to as the 'parents'), contends that apart from the Petitioner, the parents left behind Sh. Chittaranjan Kumar Chalia, the other son arrayed as Respondent No.2 and Smt. Usha Toberia daughter arrayed as Respondent No.3 and no other legal heirs.

(3.) According to the Petitioner, the parents were the co-owners of self-acquired property bearing No. B-11, South Extension,Part-I, New Delhi measuring approx 200 Sq. yds. comprising of ground floor, first floor and second floor (hereinafter referred to as the 'said property'), the plot having been purchased by registered Sale Deed dated 12.05.1956. Thereafter construction of ground floor, first floor and second floor was raised by them on the said plot.