RAJESH KATIAL Vs. STATE

JUDGEMENT

(1.) THE petitioner, Rajesh Katial has filed this petition under the provision of Section 276 of the Indian Succession Act (hereinafter referred to as 'the Act'), for grant of probate of will dated 9/6/1990, executed by his uncle, (father's first cousin), late Sh. Murari Lal Katial who died at Delhi on 7/1/1992. Sh. Murari Lal Katial, was a bachelor and was not survived by any class I heir. The deceased testator is said to have only one relation, whose name is given in Annexure 'e' to the petition. The said relation is smt. Jeevani Bai Sehgal, the aunt (sister of the father) of the deceased testator.

(2.) THE present petition seeking probate of the Will of the deceased testator was filed by the petitioner on 19. 5. 1992. The petition was registered vide order dated 27. 5. 1992, when notice was issued to the Chief Revenue controlling Authority, and the near relatives of the deceased. Citation was also directed to be issued, which came to be published in the daily newspaper 'statesman' in the edition dated 23/7/1992. In response to the notice of the present petition, objection petitions were filed on behalf of two objectors. The first objection petition was filed by Smt. Basanti Devi Bhandula, the step-sister of the father of the deceased testator and the other objection petition was filed by Smt. Jeevani Bai Sehgal, the sister of the father of the deceased testator.

(3.) VIDE order dated 20. 9. 1993, the following issues were framed:-