SUJATA PRAKASH Vs. STATE & ORS

JUDGEMENT

(1.) This testamentary case has been filed by the petitioner for grant of letters of administration with the Will annexed of late Sh. Vishwa Prakash, husband of the petitioner, who passed away on 8.6.2016.

(2.) Out of the wedlock of the petitioner with late Sh. Vishwa Prakash two children were born namely Sh. Suvrat Prakash and Smt. Shipra Prakash and who are arrayed as respondent nos. 2 and 3 to this petition. Respondent nos. 2 and 3 have given their no objection to the grant of letters of administration with the Will annexed to the petitioner. Respondent no.4 in this petition is the mother of the deceased Sh. Vishwa Prakash and she has also given her no objection to grant of letters of administration with the Will annexed to the petitioner.

(3.) The original Will dated 15.2016 of late Sh. Vishwa Prakash has been filed on record. There are two attesting witnesses of this Will namely Sh. Om Prakash and Smt. Vimlesh Rani. Petitioner has filed the affidavit by way of evidence of the attesting witness Sh. Om Prakash who has deposed with respect to the subject due execution and attestation of the Will and the Will being signed by the testator and he and the other attesting witness namely Smt. Vimlesh Rani signing in presence of the executant/testator. The Will is exhibited as Ex.PW2/1. Today this exhibit mark is put on the original Will.