PRITAM DHIR Vs. SULOCHANA MALHOTRA

JUDGEMENT

(1.) THIS is a petition under Section 276 of the Indian Succession act, 1925, claiming probate of a Will executed by one Shri Ram Das Dhir, resident of F-11, South Extension Part-II, New Delhi, dated 31. 5. 1983; the said shri Ram Das Dhir is hereafter referred to as testator.

(2.) BRIEFLY, the facts are that the petitioner No. 1 claims to be executor of the Will; the second and third petitioner are his wife and son. According to averments in the petition, the testator was survived by the first petitioner and two daughters, namely Mrs. Sulochana Malhotra and Mrs. Mohini rai. The petitioner claims that the testator was pre-deceased by a son who was not survived by any issue. Reliance is placed upon the third recital in the will which refers to the testator's widow and younger son having pre-deceased him.

(3.) THE Will which has been produced along with the petition, makes various bequests including a cash bequest to Smt. Bhagwan Devi, wife of Shri pritam Singh and the bequest of the immovable property in the house bearing no. M-4, South Extension, Part-II, New Delhi, to the first and third petitioner. The testator also bequeathed Rs. 1 lakh to the first petitioner's daughter, at the time of her marriage as his (testator's) gift. All other movable properties were bequeathed to the first petitioner in terms of paragraph 7 of the Will. The first petitioner was also appointed as the sole executor of the Will.