ALOK MEHTA Vs. SURENDER KUMAR MEHTA

JUDGEMENT

(1.) This is probate petition filed by the petitioner against the respondents under Section 276 of the Indian Succession Act, 1925 for grant of probate of will dated 21.11.1995 of his grand father Mr. Amarnath Mehta who died at Jwalapuri, Haridwar on 06.09.1995 leaving behind his six sons as his only legal heirs who are respondents No. 1 to 6 in this petition. The deceased testator Mr. Amarnath Mehta owned an immovable property bearing plot No. 2646, Block-F, Palam Vihar, Gurgaon and he bequeathed the said plot in his will dated 21.11.1995 in favour of his grand son being the petitioner herein.

(2.) The notice of this petition was sent to all the respondents. The notice of the petition was also sent to the concerned Revenue Authorities calling for the valuation report in respect of the estate of the deceased. A citation of the petition was got published in the 'Statesman' on 14.06.2005. None of the six sons of the deceased testator has filed any objection to the grant of probate of the will propounded by the petitioner in this petition.

(3.) The petitioner has filed his evidence by way of affidavits. Two affidavits have been filed in evidence and they are of the petitioner himself who has sworn as AW-1 and the other affidavit is of the attesting witness of the will Mr. Parag Mehta who has sworn as AW-2.