VIRENDER GUPTA Vs. NITENDER GUPTA

JUDGEMENT

(1.) This unfortunate litigation is between three brothers, namely, Shri Virender Gupta, Shri Robinder Gupta and Shri Nitender Gupta sons of late Shri T.N. Gupta, a resident of Delhi. They have a sister, named Smt.Meena Sen Gupta, but she is out of the dispute since she has been paid her share in the estate of the father in accordance with the wishes of late Shri Gupta and also in terms of the alleged family settlement dated 14th September 1982.

(2.) Shri T.N. Gupta died at Delhi on 6th September 1982. Shri Nitender Gupta filed a petition under section 276 read with sections 224, 229, 248 and 278 of the Indian Succession Act for the grant of probate/letters of administration with the will annexed thereto in respect of the estate of late Shri T. N. Gupta. The petition was contested by the other two brothers, namely, Robinder Gupta and Virender Gupta and also by the sister. They pleaded that subsequent to the will there was a family settlement and the property should be distributed in terms of that settlement.

(3.) Shri Justice MahinderNarain on August 19, 1985 framed the following issues in the probate petition :