KANTA MALHOTRA Vs. STATE & ORS

JUDGEMENT

(1.) The petitioner is the mother of deceased, the deceased being born from the wedlock of the petitioner with Shri Om Prakash Malhotra. The deceased died intestate in suspicious circumstances on the intervening night of 19-20th December 1994 at South Delhi Guest House, New Delhi from where he was taken and got admitted in a hospital by respondent No.2.

(2.) The deceased had a fixed place of abode at A-111, Defence Colony, New Delhi and was survived by Shri Om Prakash Malhotra-his father; Smt.Kanta Malhotra-his mother; and Smt.Neena Anand-his sister. The wife of the deceased had pre-deceased him and he had no children. The petitioner being the mother is the only legal heir under Section 8 of the Hindu Succession Act.

(3.) The petitioner got notice from the High Court of Allahabad and came to know the respondent No.2 has set up a Will of deceased in her favour and respondent no.3 is an executor of such alleged Will dated 27.07.1994 and that respondent no.3 had applied for the probate of the said Will, registered as Test. Case No.7/1995.