JOGINDER NATH WADHWA Vs. STATE OF DELHI

JUDGEMENT

(1.) THE petitioner Sh Joginder Nath Wadhwa has filed this petition under Section 276 of the Indian Succession Act, 1945 seeking probate of a registered Will dated 17. 10. 87 of his father late Sh. Ram Lal Wadhwa who died at delhi on 15. 8. 1990. On the date of his death, the father of the petitioner was survived by his widow Smt. Ram Pyari, three daughters and two sons including the petitioner. The names of all the relations of the deceased testator are given in para 2 of the petition.

(2.) THE testator's widow Smt Ram Pyari also expired before filing of the present petition on 16. 2. 2002. The present petition seeking probate of the will of the deceased testator was filed by the petitioner on 13. 9. 2004 Soon after the filing of the said petition, the petitioner's brother Sh. Mohinder nath Wadhwa (respondent no. 4) also expired on 20. 10. 2004 and on the date of his death he was survived by his widow Smt Kamlesh Wadhwa and two sons Sh. Aseem wadhwa and Vikas Wadhwa who were impleaded as his LRs in the present petition.

(3.) THE notice of the present petition was sent to all the relations of the deceased testator and a citation of the present petition was got published in 'statesman' of 4. 3. 2005 edition. In response to notice of the present petition, all the relations of the deceased testator have filed their no objection to the grant of probate in respect of the Will of the deceased testator.