SHAKUNTLA RANI Vs. STATE & ORS

JUDGEMENT

(1.) This petition is filed under Section 273 of Indian Succession Act, 1925 for grant of probate in favour of the petitioner with respect to the Registered Will dated 22.12.2009 which was executed by Late Shri Chandra Pal Gupta (hereinafter referred to as "the deceased") who has expired on 23.06.2011 at Virginia, USA.

(2.) It has been averred in the petition that the petitioner is the wife of the deceased and the Respondent Nos. 2 to 4 are the daughters and son of the deceased. The petitioner and respondent Nos.2 to 4 are the only legal heirs of the deceased.

(3.) As per order dated 16.09.2016 it was noted by this court that despite service of notice of this petition to the Respondent No. 1, none has appeared. Hence, Respondent No. 1 was proceeded ex-parte. It was further noted that Respondent Nos. 2 to 4 have already filed their No- Objection supported by an affidavit. Hence, there is no contesting respondent in this matter. Evidence was recorded of the petitioner and Dr. Ajay Kumar Gupta. Arguments have been heard.