AMIT SAXENA Vs. STATE AND ORS

JUDGEMENT

(1.) Present petition has been filed under Section 276 of the Indian Succession Act for grant of probate of Will dated 15th February, 2012 of deceased Mr. Gyan Prakash Saxena, S/o Late Sh. P.N.Saxena.

(2.) In the petition it has been averred that the petitioner is the son of late Mr. Gyan Prakash Saxena, who expired on 22nd October, 2012 at Marietta, Georgia State, United States of America. The deceased is stated to have executed a registered Will dated 15th February, 2012, which was duly attested by Ms. Joanna Kaszuba and Ms. Mamta Rajpuri. The Will dated 15th February, 2012 executed by the deceased is reproduced hereinbelow:-

(3.) It is averred in the petition that the late Mr. Gyan Prakash Saxena appointed his daughter Ms. Neeta Prasad, respondent no.3 as an executor of the Will dated 15th February, 2012. It is stated in the petition that due to personal difficulties, the respondent no.3, vide letter dated 01st August, 2015, sought renunciation from the executorship of the Will of late Mr. Gyan Prakash Saxena.