SURENDRA NARAIN RAIZADA Vs. STATE & ORS

JUDGEMENT

(1.) Present petition has been filed by the petitioner under Section 276 read with Section 228 of the Indian Succession Act for grant of probate in respect of registered Will dated 31st March, 1992 of deceased Mrs. Sudesh Madan.

(2.) It has been averred in the petition that the petitioner is a British citizen and the husband of the testatrix, late Mrs. Sudesh Madan, who expired on 08th February, 2011 at Romford, England. The testatrix is stated to have executed a Will dated 31st March, 1992, which was duly attested by Mr.Stuart P. Mallinson and Mr. Rajinder Kumar Jain in England. It is stated that the petitioner is the sole executor of the Will dated 31st March, 1992 executed by his wife late Mrs. Sudesh Madan.

(3.) It is stated that the testatrix Mrs. Sudesh Madan expired leaving behind no other legal heirs except the petitioner i.e. her husband, respondent no.2 i.e. her son and respondent no.3 i.e. her daughter.